Sexual Assault Laws in Oregon

Oregon uses the names rape, sodomy (oral or anal intercourse) and unlawful sexual penetration (with an object or body part), each in degrees. First-degree rape, sodomy or unlawful sexual penetration (by forcible compulsion, or when the victim cannot consent because of mental incapacitation or physical helplessness) is a Class A felony (up to 20 years) with a mandatory minimum of 100 months (8 years 4 months) under Measure 11. Sexual abuse in the second degree (sexual intercourse, oral or anal intercourse or penetration without the victim's consent) is a Class C felony (up to 5 years). Sexual contact by forcible compulsion or with a person unable to consent is first-degree sexual abuse, a Class B felony with a 75-month mandatory minimum. Sex with a person under the age of consent is also covered; see the age-of-consent page.

Oregon's rule on court-appointed lawyers: Public defense is administered by the Oregon Public Defense Commission. A person is financially eligible for appointed counsel if the person is financially unable to retain adequate counsel without substantial hardship in providing basic economic necessities to the person or the person's dependents, under standards set by the commission. Eligibility is determined by the court from a detailed financial statement (on a commission-specified form) disclosing assets, liabilities, income and dependents; eligibility verification and screening personnel may assist the courts. If the court finds the person can pay all or part of the costs of the eligibility determination and appointed counsel, it may enter a limited judgment requiring payment of what the person can pay without substantial hardship; failure to pay is not grounds for contempt or for counsel to withdraw. ORS 151.213, 151.485, 151.487, 151.489

Lawyers set their own fees, and Oregon has rules on how they may charge. See hiring a criminal defense lawyer in Oregon for fee rules, how to check a lawyer's license and free help.

How release before trial works in Oregon: A magistrate makes a release decision at arraignment or other first appearance, giving priority to the primary release criteria and imposing the least onerous condition reasonably likely to ensure the safety of the public and the victim and the person's appearance. Eligible persons are released on personal recognizance unless the release criteria require otherwise; if not, the magistrate considers conditional release, then security release. A requested release hearing must be held within 48 hours of arraignment (and no later than five days unless the defendant consents). For murder, aggravated murder or treason, release is denied when the proof is evident or the presumption strong that the person is guilty. For violent felonies, release is denied if the court finds probable cause and, by clear and convincing evidence, a danger of physical injury or sexual victimization to the victim or public; the defendant may request a hearing at arraignment, held within five days. For security release, the magistrate sets a security amount that will reasonably assure appearance; the defendant may deposit 10 percent of the security amount (at least $25), of which 85 percent is returned at discharge and 15 percent retained as costs, or post property or sureties worth double the security amount. ORS 135.240, 135.245, 135.265 What happens after an arrest.

Each state sets its own rules for sealing or expunging records. See Oregon expungement and record sealing rules.