My boyfriend and I have been dating since he was 17 and I was 15. We have now taken our relationship further and found out I am pregnant. Is there any way he can NOT get charged for rape? As I have my consent to him. We both love each other very much and our families approve our pregnancy. Is there also any way to get emancipated due to my pregnancy and not a very "loving" home. Is it possible I can move in with my boyfriends family? I have a job and work full time willing to pay rent, etc. please help!
Your boyfriend is unlikely to be charged with rape here. It is theoretically possible, but he would likely have a defense available. The reason is this: Normally, it is against the law in Oregon to have sex with anyone who is under age 18. ('Sex.' in this context, by the way, refers to all sexual contact, not just intercourse.) The reason is that it's a crime to have sexual contact with anyone who does not consent, and we assume that people under age 18 are unable to give meaningful consent. But there is an exception to the age rule: as long as both partners are over age 15, and they are less than three years different in age, then they are no longer presumed unable to consent to sex with each other. It sounds like you and your boyfriend are less than three years apart in age; so long as that's true, and you didn't have sexual contact until you were 15, he has a defense to any charge based only on your age.
The rest of this gets a lot more complicated. Even though you may be pregnant, you are still legally a child, so your parents still have legal custody of you. Whether you can move in with him depends on them (as well as on the wishes of anyone you want to move in with, of course). The really tricky bit starts when you have the child, especially if you and he can't agree on how to raise it. But hopefully you continue to work well together.
Please read the following notice: <br> <br> Jay Bodzin is licensed to practice law in the State of Oregon and the Federal District of Oregon, and cannot give advice about the laws of other jurisdictions. All comments on this site are intended for informational purposes only, and are not intended to constitute legal advice, create an attorney-client relationship, or solicit business. No posts or comments on this site are in any way confidential. Each case is unique. Information not contained in these posts may create significant exceptions to the advice provided in any response. You are advised to have counsel at all stages of any legal proceeding, and to speak with your own lawyer in private to get advice about your specific situation. <br> <br>
Under Oregon law, as long as both people are over the age of 15 and there is less than 3 years age difference between them, statutory rape is not an issue. This of course assumes they both consent to sexual intercourse or contact.
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