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Sex Crimes

Portland Sex Crimes Defense Lawyer 

If you have been accused of a sex crime, you should contact James O’Rourke before you do anything else. A conviction for this type of offense can impact the rest of your life. Certain crimes require people to be listed on the Oregon sex offender registry, and many others come with minimum mandatory sentences, as outlined in the state’s Measure 11. 

Our Portland sex crimes defense attorney has represented numerous clients in cases involving alleged sexual misconduct and successfully combatted false accusations. He has also helped people expunge convictions and arrests and worked to get their names removed from the sex offender registry. Find out if he is the right fit for your case in a free consultation. 

Need Legal Help?
If you’ve been accused of a sex crime in Oregon, don’t wait. Contact us today at (503) 506-2836 for a free consultation with our experienced defense attorneys.

Penalties for Oregon Sex Crimes 

The penalties for Oregon sex crimes depend on the alleged act and its severity and the age of the plaintiff. For cases involving children, the penalties are generally much more serious. Felony crimes, such as rape or sexual abuse, often result in sentences of years or decades in prison and fines of hundreds of thousands of dollars. Misdemeanor offenses, such as public indecency or unlawful dissemination of an intimate image, can lead to sentences of months or years in jail and thousands of dollars in fines. 

Oregon’s Measure 11 & Minimum Mandatory Sentences

Certain sex crimes require minimum mandatory sentences because of Measure 11, a decades-old law. The measure’s sentences range from 5 years and 10 months to 25 years. It is possible to face these steep penalties, even with no criminal record. Visit our Measure 11 page to find out more about these crimes and our approach to defending clients against them. 

Can You Expunge Sex Crimes in Oregon?

While it is difficult to expunge sex crimes in Oregon, it is not impossible. Generally, you can expunge offenses that do not require you to register as a sex offender. Additionally, you can expunge certain low-level felonies if they occurred when you were younger than 16 and the circumstances of the offense adhere to other state requirements. 

Sex Offender Registration Relief

You can petition to have your name removed from the Oregon sex offender registry if you meet various conditions. First and foremost, you must be classified as a Level 1 offender. The state classifies individuals convicted of sex crimes into three levels, with Level 1 offenders being the least at risk of reoffending. 

Other conditions for relief include but are not limited to having five years pass since being under supervision by the state. Additionally, you must not have been convicted of first-degree rape, sodomy, unlawful sexual penetration, kidnapping, or burglary. 

Getting relief from registration requires you to submit a petition and appear in a hearing where you will make your case and answer questions from a panel. Having a lawyer help you file your petition and prepare for your hearing can be highly advantageous. 

Legal Process for Sex Crime Cases in Oregon

If you're facing a sex crime charge in Oregon, it's important to understand what the legal process will look like. This can help reduce some of the anxiety and uncertainty associated with your case. Below is an overview of what you can expect during each stage of the process:

  • Pre-Trial: Investigation and Arrest
    • Investigation: Once a sex crime is reported, law enforcement will begin an investigation. This may involve gathering evidence, interviewing witnesses, and sometimes even forensic testing (e.g., DNA analysis).
    • Arrest: If law enforcement believes there is enough evidence, they will make an arrest. In some cases, this may be after an arrest warrant has been issued. You will be informed of the charges against you and may be taken into custody.
    • Bail and Pre-Trial Release: After arrest, you might be granted bail or placed on pre-trial release. This means you can leave jail until your trial, but you may have to follow certain conditions, such as avoiding contact with the alleged victim.
  • Trial Process
    • Court Appearance: Once your case moves to trial, the process will typically begin with arraignment, where you enter a plea of guilty, not guilty, or no contest.
    • Discovery: Both sides (prosecution and defense) exchange evidence they plan to use. Your attorney may request additional evidence to support your defense.
    • Pre-Trial Motions: Before the trial starts, your defense attorney may file motions to dismiss evidence or challenge certain aspects of the case.
    • Trial: During the trial, the prosecution will present its case first, followed by your defense team presenting evidence and witnesses to counter the charges. Both sides will give opening and closing statements, and a judge or jury will decide the verdict.
  • Appeals Process
    • Appealing a Conviction: If convicted, you may have the option to appeal the decision if there were legal errors or if new evidence comes to light. The appeals court will review the trial record to determine if there were issues that could change the outcome.
    • Appeal Timeframe: There is typically a limited time to file an appeal after conviction. Your attorney can advise you on the best course of action.

Juvenile Sex Crimes

When a minor is accused of a sex crime, the process can be very different due to the special legal protections for juveniles.

  • Defending Juveniles: Juveniles accused of sex crimes are treated differently than adults, and their defense may focus on rehabilitation rather than punishment. Specialized defense strategies will be used to protect their future.
  • Expungement for Juveniles: In some cases, minors who are convicted of sex crimes may have the opportunity to expunge or seal their records once they reach adulthood, giving them a second chance.

Victim’s Rights in Sex Crime Cases

While defending against sex crime charges, it’s important to understand the rights and protections afforded to victims.

  • Victim Impact Statements: In many cases, victims may submit impact statements to the court, detailing how the alleged crime has affected their lives. These statements can influence sentencing and the overall outcome of the case.
  • Protection Orders: Victims may seek a protection or no-contact order against the accused. These orders prevent the accused from having any direct or indirect contact with the victim during and after the legal proceedings.

Understanding the process, especially the rights of the victim and the legal protections afforded to those accused, can help you navigate this challenging situation. Be sure to consult with a qualified attorney to guide you through every step of the legal process.

Frequently Asked Questions (FAQs) About Sex Crime Cases in Oregon

  • What should I do if I am accused of a sex crime in Oregon?
    If you are accused of a sex crime, it’s essential to remain calm and contact an experienced attorney immediately. Do not speak to law enforcement or anyone about the case without your lawyer present, as anything you say could be used against you. Your attorney will guide you through the legal process and help you build a strong defense.
  • Can I be convicted of a sex crime without physical evidence?
    Yes, it is possible to be convicted of a sex crime without physical evidence. Many sex crime cases rely on testimonies from the alleged victim and witnesses. However, it is crucial to work with your attorney to challenge the credibility of the evidence presented and to ensure your side of the story is fully heard.
  • How long does a sex crime trial last in Oregon?
    The length of a sex crime trial in Oregon varies depending on the complexity of the case, the amount of evidence, and whether the case goes to a jury trial. Some cases may take several weeks to prepare for and several days or even weeks to go to trial, while others may be resolved much quicker.
  • What is the difference between a felony and a misdemeanor sex crime in Oregon?
    A felony sex crime generally involves more serious offenses, such as rape, child sexual abuse, or sexual assault, and carries harsher penalties, including long prison sentences. A misdemeanor sex crime, such as indecent exposure, carries lighter penalties, but still has serious consequences for your criminal record and personal reputation.
  • Can I be removed from the Oregon sex offender registry?
    Yes, in some cases, individuals on the Oregon sex offender registry may be eligible for removal, depending on factors such as the level of offense, time passed since the conviction, and rehabilitation efforts. Your attorney can help you explore your options for petitioning for removal from the registry.
  • Will my case be tried in juvenile court if I am under 18?
    In Oregon, minors under the age of 18 who are accused of sex crimes may be tried in juvenile court, where the focus is more on rehabilitation than punishment. However, in certain severe cases, a minor may be transferred to adult court, which could lead to harsher penalties.
  • How can a protection order affect my case?
    A protection order (also called a no-contact order) can be issued to prevent the accused from having contact with the alleged victim during the legal process. Violating this order can lead to additional charges. If you are accused of violating a protection order, it’s essential to consult your attorney immediately to avoid further legal consequences.

Protect Your Future
A sex crime conviction can have lifelong consequences. Contact us at (503) 506-2836 to discuss your case with a knowledgeable attorney.

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Consult a Portland Sex Crimes Defense Lawyer Today

Our attorney, James O’Rourke, is an aggressive advocate. After practicing law for 40+ years, he knows what works and what does not in criminal courts. If he takes your case, you can rely on him to exhaust every option for your defense and treat you with the utmost respect. 

Start with us by calling (503) 506-2836 or reaching out online.

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