OREGON RAPE CRIME AND LAWS

WHAT IS RAPE IN THE THIRD DEGREE (RAPE 3) IN OREGON? 

   ORS 163.355 Rape in the third degree. [Known as Rape III or Rape 3]

  (1) A person commits the crime of rape in the third degree if the person has sexual intercourse with another person under 16 years of age.

   (2) Rape in the third degree is a Class C felony.

[Some states refer to this crime as "statutory rape."]

WHAT IS RAPE IN THE SECOND DEGREE (RAPE 2) IN OREGON? 

   ORS 163.365 Rape in the second degree. [Known as Rape II or Rape 2]

(1) A person who has sexual intercourse with another person commits the crime of rape in the second degree if the other person is under 14 years of age.

   (2) Rape in the second degree is a Class B felony.

[Some states refer to this crime as "statutory rape."]

WHAT IS RAPE IN THE FIRST DEGREE (RAPE 1) IN OREGON? 

   ORS 163.375 Rape in the first degree. [Known as Rape I or Rape 1]

  (1) A person who has sexual intercourse with another person commits the crime of rape in the first degree if:

   (a) The victim is subjected to forcible compulsion by the person;

   (b) The victim is under 12 years of age;

   (c) The victim is under 16 years of age and is the person’s sibling, of the whole or half blood, the person’s child or the person’s spouse’s child; or

   (d) The victim is incapable of consent by reason of mental defect, mental incapacitation or physical helplessness.

   (2) Rape in the first degree is a Class A felony.

Rape 2 and Rape 1 are Ballot Measure 11 offenses that come with significant prison sentences.  Rape III is a felony but not a Measure 11 offense.  Rape 2 and Rape 3 are referred to as "statutory rape" in some states; however, Oregon law does not use that term.  Rape convictions almost always come with a sex offender registration requirement.