Oregon Lawyer Daniel Woram

Trial Attorney Daniel Woram & Associates | 2009-10-27

Sex Offenses

Since 1995, when Ballot Measure 11 was introduced, sex crime penalties have been severe. It is not unusual for a prosecutor to charge a number of sex crimes in an Indictment, and then seek to request the Court to run the sentences consecutively. Before 1995, a conviction for Sex Abuse in the First Degree would be a probationary sentence and maybe a little jail. Now, with Ballot Measure 11, there is a mandatory minimum prison sentence of 75 months. These are serious charges. It is my experience that most charges, from Sex Abuse to Rape, are based upon statements of a complainant by themselves with little or no physical evidence. There seems to be a rush to prosecute the most minor of allegations, which have major consequences.

I understand how distressing it is for a person to face these charges. It is important to not converse with any police officers, social workers, or any other agents of the State prior to having the opportunity to speak with an attorney. Anything you say will be used against you and will be interpreted against you.

I have successfully defended numerous allegations of sex crimes, and represented dozens of people in Ballot Measure 11 cases, resulting in the reduction or dismissal of the charges.

Charge

Crime Classification

and Penalties

Elements of Crime

Rape I

Sodomy I

Unlawful Sexual Penetration I

Class A felony

Ballot Measure 11

Mandatory minimum sentence of 100 months prison

Sexual intercourse (rape) or deviate sexual intercourse (sodomy) or sexual penetration with a person who is:

-under 12 years of age; or

-subject to forcible compulsion; or

-incapable of consent by reason of mental defect, mental incapacitation or physical helplessness; or

-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 (does not apply to sexual penetration)

Rape II

Sodomy II

Unlawful Sexual Penetration II

Class B felony

Ballot Measure 11

Mandatory minimum sentence of 75 months prison

Sexual intercourse (rape) or deviate sexual intercourse (sodomy) or sexual penetration with a person under 14 years of age

Rape III

Sodomy III

Class C felony

Up to 5 years prison and $125,000 fine

Sexual intercourse (rape) or deviate sexual intercourse (sodomy) with a person under 16 years of age

Sex Abuse I

Class B felony

Ballot Measure 11

Mandatory minimum sentence of 75 months prison

Subjects another person to sexual contact and the person is:

-under 14 years of age; or

-subject to forcible compulsion; or

-incapable of consent by reason of mental defect, mental incapacitation or physical helplessness

or

Intentionally causes a person under 18 years of age to touch or contact the mouth, anus, or sex organs of an animal for the purpose of arousing or gratifying the sexual desire of a person

Sex Abuse II

Class C felony

Up to 5 years prison and $125,000 fine

Subjects another person to sexual intercourse or deviate sexual intercourse with a person who does not consent thereto

Sex Abuse III

Class A misdemeanor

Up to 1 year jail and $6,250 fine

Subjects another person to sexual contact and the person either:

-does not consent to sexual contact; or

-is incapable of consent by reason of being under 18 years of age

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