Rape in the third degree
Source:
Section 163.355 — Rape in the third degree, https://www.oregonlegislature.gov/bills_laws/ors/ors163.html
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Notes of Decisions
Fact that defendant’s reasonable mistake as to age of victim is no defense to charge of rape in the third degree, but is a defense to charge of rape in second or first degree, does not violate equal privileges requirement of Oregon Constitution. State v. Jalo, 72 Or App 479, 696 P2d 14 (1985), Sup Ct review denied
[Former] ORS 161.062 was not violated where defendant received six separate convictions and sentences for one count each of first and third degree rape and two counts each of first and third degree sodomy because each of first degree crimes of which defendant was convicted required proof of element not necessary to prove corresponding third degree crime and legislature addressed distinct social concern in enacting each of statutory alternatives on which defendant was convicted. State v. Crotsley, 308 Or 272, 779 P2d 600 (1989)
Conviction under this section and consequent deportation may not form basis for illegal reentry charge under 8 U.S.C. 1326 because, under categorical approach, crime under this section is not “aggravated felony” as defined in 8 U.S.C. 1101(a)(43)(A). United States v. Gaspar-Juarez, 291 F. Supp. 3d 1186 (D. Or. 2018)