I was 18 she was 14 it was consensual and I spent 30 days in jail after taking a plea. they even went around my college schedule as to when I served. Ten days here and there during the breaks.
The governor has the power to grant a pardon, but the power is exercised very seldom. If you want to get yourself the best chance of success, you should hire an attorney who can present your pardon application in the most persuasive manner possible. There still will be no guarantee that your pardon application will be granted, but your chances of success will be improved if you have a good attorney.
Odds of Pardon:
First of all, a 14 year old does not have the legal ability to give consent to sexual intercourse. That is why it is called statutory rape. ORS section 163.355, entitled "Rape in the third degree," is defined as
"(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. "
A pardon, hmmm. The Constitution of Oregon gives the Governor the power to grant pardons, reprieves, and commutations, after a person has been convicted, for all offenses except treason. (Or. Const. art. V, § 14.) Good luck getting a statutory rape pardoned by the governor, but you have to try. Unlike many other states, in Oregon you must apply for a pardon directly with the Governor. There are no application fees. The current Governor of Oregon does not have any particular requirements with regard to the form or format of a clemency/pardon application. However, the Governor’s office has a standardized application form that you can use at your option.
Oregon does have a statutory process for expunging criminal convictions if certain conditions are met (completing of probation, etc. ) However, in Oregon not all crimes can be expunged. (see ORS 137.225) Specifically, ORS 137.225(5)(d) states the that certain crimes can be expunged, including:
"(5)(d) A crime punishable as either a felony or a misdemeanor, in the discretion of the court, except for:
(A) Any sex crime; or
(B) The following crimes when they would constitute child abuse as defined in ORS 419B.005."
I hope this helps.
Attorney at Law
Disclaimer: This is a general discussion of legal principles by a California lawyer and does not create an attorney/client relationship. This is not intended to be legal advice in your specific case. It's impossible to give detailed, accurate advice based on a few sentences on a website. You should always seek advice from an attorney licensed in your jurisdiction who can give you an informed opinion after reviewing all of the relevant information in your case.
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