Is it still rape??

[Kyra]

I have a math project. We are on the logic unit and arguing absolute vs. relative truth. The subject of rape came up and I was volunteered to go looking for a law.

I am in Oregon. Does anyone know if say a 17 year old and a 23 year old were to marry and had sex, would it *legally* be considered rape of any kind? Or does the age law cancel out due to the marriage?

I know that 17 year olds *can* get married with parental consent (sometimes even without) and that normally there is a 3 year difference in age that is allowed to not be considered rape.

If anyone knows the answer or could point me in the right direction, that would be great!

Thanks!

~Brenda

[Toeknee112]

Uhhh...(((sniff-sniff)))...hmmm...grumble, grumble. Didn't we just recently have a similar question from a first-time Oregonian poster?

[DeputyMadMax]

Wasn't that an 18 year old male asking about a 15 year old girl?

Brenda, What you're talking about is statutory rape. Once they were married she would be emancipated and it wouldn't matter what age he is.

Now if the real question is if someone can still be arrested for rape against their spouse.. The answer would be yes, at least here in Utah. As an example, we charged a man with rape who forcibly sodamized his wife.

[Scruit]

The law would have to have a specific exlusion for a married woman having sex with her husband when she is otherwise underage.

What if a woman is married (thereby preventing a statutory rape charge against her older husband) but she has sex with ANOTHER man? Is THAT stat rape? The law has already said she can have sex with her husband...

[Jynkxxie]

Yeah...I think if you were legally allowed to marry at 17...having sex with your husband or wife isn't rape. It is concemating (sp) and sharing the marital act. All depends on when you are legally allowed to get married. And did you do it of free will and intelligence.

Not a lawyer.

[greenlead]

I can't tell you about Oregon law, but I can tell you about IN. I think the laws regarding rape are reasonably close from state to state, but i may be wrong. Pretty much, once you get married the statuary rape clause does not apply. At that point, it is simply about whether it was consensual.

Information Maintained by the Office of Code Revision Indiana Legislative Services Agency
05/04/2004 10:19:09 PM EST
IC 35-42-4
Chapter 4. Sex Crimes

IC 35-42-4-1
Rape
Sec. 1. (a) Except as provided in subsection (b), a person who knowingly or intentionally has sexual intercourse with a member of the opposite sex when:
(1) the other person is compelled by force or imminent threat of force;
(2) the other person is unaware that the sexual intercourse is occurring; or
(3) the other person is so mentally disabled or deficient that consent to sexual intercourse cannot be given;
commits rape, a Class B felony.
(b) An offense described in subsection (a) is a Class A felony if:
(1) it is committed by using or threatening the use of deadly force;
(2) it is committed while armed with a deadly weapon;
(3) it results in serious bodily injury to a person other than a defendant; or
(4) the commission of the offense is facilitated by furnishing the victim, without the victim's knowledge, with a drug (as defined in IC 16-42-19-2(1)) or a controlled substance (as defined in IC 35-48-1-9) or knowing that the victim was furnished with the drug or controlled substance without the victim's knowledge.
As added by Acts 1976, P.L.148, SEC.2. Amended by Acts 1977, P.L.340, SEC.36; P.L.320-1983, SEC.23; P.L.16-1984, SEC.19; P.L.297-1989, SEC.1; P.L.31-1998, SEC.3.

IC 35-42-4-2
Criminal deviate conduct
Sec. 2. (a) A person who knowingly or intentionally causes another person to perform or submit to deviate sexual conduct when:
(1) the other person is compelled by force or imminent threat of force;
(2) the other person is unaware that the conduct is occurring; or
(3) the other person is so mentally disabled or deficient that consent to the conduct cannot be given;
commits criminal deviate conduct, a Class B felony.
(b) An offense described in subsection (a) is a Class A felony if:
(1) it is committed by using or threatening the use of deadly force;
(2) it is committed while armed with a deadly weapon;
(3) it results in serious bodily injury to any person other than a defendant; or
(4) the commission of the offense is facilitated by furnishing the victim, without the victim's knowledge, with a drug (as defined in IC 16-42-19-2(1)) or a controlled substance (as defined in IC 35-48-1-9) or knowing that the victim was furnished with the

drug or controlled substance without the victim's knowledge.
As added by Acts 1976, P.L.148, SEC.2. Amended by Acts 1977, P.L.340, SEC.37; P.L.320-1983, SEC.24; P.L.183-1984, SEC.3; P.L.31-1998, SEC.4.

IC 35-42-4-3
Child molesting
Sec. 3. (a) A person who, with a child under fourteen (14) years of age, performs or submits to sexual intercourse or deviate sexual conduct commits child molesting, a Class B felony. However, the offense is a Class A felony if:
(1) it is committed by a person at least twenty-one (21) years of age;
(2) it is committed by using or threatening the use of deadly force or while armed with a deadly weapon;
(3) it results in serious bodily injury; or
(4) the commission of the offense is facilitated by furnishing the victim, without the victim's knowledge, with a drug (as defined in IC 16-42-19-2(1)) or a controlled substance (as defined in IC 35-48-1-9) or knowing that the victim was furnished with the drug or controlled substance without the victim's knowledge.
(b) A person who, with a child under fourteen (14) years of age, performs or submits to any fondling or touching, of either the child or the older person, with intent to arouse or to satisfy the sexual desires of either the child or the older person, commits child molesting, a Class C felony. However, the offense is a Class A felony if:
(1) it is committed by using or threatening the use of deadly force;
(2) it is committed while armed with a deadly weapon; or
(3) the commission of the offense is facilitated by furnishing the victim, without the victim's knowledge, with a drug (as defined in IC 16-42-19-2(1)) or a controlled substance (as defined in IC 35-48-1-9) or knowing that the victim was furnished with the drug or controlled substance without the victim's knowledge.
(c) It is a defense that the accused person reasonably believed that the child was sixteen (16) years of age or older at the time of the conduct.
As added by Acts 1976, P.L.148, SEC.2. Amended by Acts 1977, P.L.340, SEC.38; Acts 1978, P.L.82, SEC.2; Acts 1981, P.L.301, SEC.1; P.L.79-1994, SEC.12; P.L.33-1996, SEC.8; P.L.216-1996, SEC.18; P.L.31-1998, SEC.5.

IC 35-42-4-4
Child exploitation; possession of child pornography; violation classification; exemption; definitions
(edited for space, you can look it up at AccessIndiana.com)

IC 35-42-4-5
Vicarious sexual gratification; sexual conduct in presence of a minor
(edited for space, you can look it up at AccessIndiana.com)

IC 35-42-4-7
Child seduction
(edited for space, you can look it up at AccessIndiana.com)

IC 35-42-4-8
Sexual battery
Sec. 8. (a) A person who, with intent to arouse or satisfy the person's own sexual desires or the sexual desires of another person, touches another person when that person is:
(1) compelled to submit to the touching by force or the imminent threat of force; or
(2) so mentally disabled or deficient that consent to the touching cannot be given;
commits sexual battery, a Class D felony.
(b) An offense described in subsection (a) is a Class C felony if:
(1) it is committed by using or threatening the use of deadly force;
(2) it is committed while armed with a deadly weapon; or
(3) the commission of the offense is facilitated by furnishing the victim, without the victim's knowledge, with a drug (as defined in IC 16-42-19-2(1)) or a controlled substance (as defined in IC 35-48-1-9) or knowing that the victim was furnished with the drug or controlled substance without the victim's knowledge.
As added by P.L.322-1987, SEC.2. Amended by P.L.31-1998, SEC.7.

IC 35-42-4-9
Sexual misconduct with a minor
Sec. 9. (a) A person at least eighteen (18) years of age who, with a child at least fourteen (14) years of age but less than sixteen (16) years of age, performs or submits to sexual intercourse or deviate sexual conduct commits sexual misconduct with a minor, a Class C felony. However, the offense is:
(1) a Class B felony if it is committed by a person at least twenty-one (21) years of age; and
(2) a Class A felony if it is committed by using or threatening the use of deadly force, if it is committed while armed with a deadly weapon, if it results in serious bodily injury, or if the commission of the offense is facilitated by furnishing the victim, without the victim's knowledge, with a drug (as defined in IC 16-42-19-2(1)) or a controlled substance (as defined in IC 35-48-1-9) or knowing that the victim was furnished with the drug or controlled substance without the victim's knowledge.
(b) A person at least eighteen (18) years of age who, with a child at least fourteen (14) years of age but less than sixteen (16) years of age, performs or submits to any fondling or touching, of either the child or the older person, with intent to arouse or to satisfy the sexual desires of either the child or the older person, commits sexual misconduct with a minor, a Class D felony. However, the offense is:
(1) a Class C felony if it is committed by a person at least twenty-one (21) years of age; and
(2) a Class B felony if it is committed by using or threatening the use of deadly force, while armed with a deadly weapon, or if the commission of the offense is facilitated by furnishing the victim, without the victim's knowledge, with a drug (as defined in IC 16-42-19-2(1)) or a controlled substance (as defined in IC 35-48-1-9) or knowing that the victim was furnished with the drug or controlled substance without the victim's knowledge.
(c) It is a defense that the accused person reasonably believed that the child was at least sixteen (16) years of age at the time of the conduct. However, this subsection does not apply to an offense described in subsection (a)(2) or (b)(2).
(d) It is a defense that the child is or has ever been married. However, this subsection does not apply to an offense described in subsection (a)(2) or (b)(2).
As added by P.L.79-1994, SEC.15. Amended by P.L.33-1996, SEC.9; P.L.216-1996, SEC.21; P.L.31-1998, SEC.8; P.L.266-2003, SEC.1.

[K9 Police]

Huh; interesting math project.

K9

[gdowkpc]

Kyra,
I am an Oregon Police Officer. The short and quick answer is that it is NOT rape. This is if you are married and have consensual sex with your spouse (spouses can rape each other). The issue of age is cancelled when the persons are married.

For your reference, here are the Oregon laws pertaining to your question:

----------------------------------------
163.375 Rape in the first degree. (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.
-----
You cannot rape a consenting person over 16 years of age. Within the 'rape' laws, statuatory rape is not present. Statuatory rape is defined here:

163.435 Contributing to the sexual delinquency of a minor. (1) A person 18 years of age or older commits the crime of contributing to the sexual delinquency of a minor if:
(a) Being a male, he engages in sexual intercourse with a female under 18 years of age; or
(b) Being a female, she engages in sexual intercourse with a male under 18 years of age; or
(c) The person engages in deviate sexual intercourse with another person under 18 years of age or causes that person to engage in deviate sexual intercourse.
(2) Contributing to the sexual delinquency of a minor is a Class A misdemeanor.

or:

163.445 Sexual misconduct. (1) A person commits the crime of sexual misconduct if the person engages in sexual intercourse or deviate sexual intercourse with an unmarried person under 18 years of age.

or:

163.415 Sexual abuse in the third degree. (1) A person commits the crime of sexual abuse in the third degree if the person subjects another person to sexual contact and:
(a) The victim does not consent to the sexual contact; or
(b) The victim is incapable of consent by reason of being under 18 years of age.
(2) Sexual abuse in the third degree is a Class A misdemeanor.
--------------------------------
However, there are defenses to these laws. The fact that the actors are less than 4 years apart in age or married.

[Kyra]

First off... yes, there was another thread about statutory rape from somebody from Oregon... That was how I found this board, actually.

And second, thank you to everyone who answered my question! It was most helpful. I couldn't for the life of me find the full text of any of the rape laws, all I could find were the law titles. Not too helpful. Maybe I'll have to get me one of those really cool ORS penal code books....

~Brenda Ellen

[dragonspider]

Maybe I'll have to get me one of those really cool ORS penal code books....

~Brenda Ellen

Heh, heh, heh... Hey Beavis.... She just said penal..... ;)

[Chief_Wiggum]

Now if the real question is if someone can still be arrested for rape against their spouse.. The answer would be yes, at least here in Utah.

There would be multiple charges huh?

[dragonspider]

There would be multiple charges huh?

Bad joke, Chief...Bad Joke!

[Lfpdlieu302]

The law would have to have a specific exlusion for a married woman having sex with her husband when she is otherwise underage.

What if a woman is married (thereby preventing a statutory rape charge against her older husband) but she has sex with ANOTHER man? Is THAT stat rape? The law has already said she can have sex with her husband...

now that is an interesting point scruit! i've never thought of it that way.