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JB Umphrey
JB Umphrey, Lawyer
Category: Criminal Law
Satisfied Customers: 20233
Experience:  Handling criminal and probation matters for over 14 years.
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Sex question, girlfriend was 15 when we had sex is now pregnant

Customer Question

Sex question, girlfriend was 15 when we had sex is now pregnant and I am 19. It was consentual but am told that doesnt matter. She or her parents will not press charges against me but also hear that, that doesnt matter either. I am in dier need of help, she will be questioned tomorrow about the situation and told me that she is going to be honest about everything because that was what she was told to do, but I dont see that being the best idea. I just need help. Thank you for your time.
Submitted: 5 years ago.
Category: Criminal Law
Expert:  JB Umphrey replied 5 years ago.
Thank you for using JustAnswer!

I am sorry to learn of your circumstances. Please clarify: how old were you when you two had sex?
Customer: replied 5 years ago.
She was 15 I was 19.
Expert:  JB Umphrey replied 5 years ago.
Thank you.

In Oregon, the legal age of consent is 18. ORS § 163.315(1)(a). What does this mean? In means that in Oregon, a 15-year-old cannot give legal consent to engage in sex.

In Oregon, under ORS § 163.355, it is considered to be rape in the third degree when a person has sexual intercourse with another person under 16 years of age. Rape in the third degree is a Class C felony. [1971 c.743 §109; 1991 c.628 §1] http://www.leg.state.or.us/ors/163.html

What can you do? What you can do is invoke your constitutional right to remain silent and not answer any questions asked of you. Please take the time to watch this video to learn and understand how important it is for you to invoke your right to remain silent. http://youtu.be/i8z7NC5sgik

It has been my pleasure to assist you today with your information needs. If you have a follow-up question, please reply and ask it.

If you are satisfied that your question has been answered, kindly select the ACCEPT button to close this thread and so that I receive credit for assisting you today.
Customer: replied 5 years ago.
We were told that telling the truth will be best and I will get less of a punishment which I dont believe.
Expert:  JB Umphrey replied 5 years ago.
Your understanding is correct. Anything you say can and will be used against you. No police officer can make legally-binding promises as to what sentence a judge will impose. They're trying to get you to confess because your admissions will make for a slam dunk conviction.

If you have a follow-up question, please reply and ask it.

If you are satisfied that your question has been answered, kindly select the ACCEPT button to close this thread and so that I receive credit for assisting you today.

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