Sex Crimes, Sex Offenders Sexual Assault Accusations

J

JSweeney08

New Member
Jurisdiction
Oregon
I'm a 19 yr old college student terrified out of their mind that everything I've worked for thus far is going to go down the drain. When I was 14 and my new step sister was 12, we engaged in sexual activities on a camping trip. What happened on that trip was just touching and kissing however for the next 3 yrs things changed to sexual intercorse. Overall a very weird and embarrassing situation looking back at it. 2yrs into the future I receive a letter from DHS stating They have reasonable cause to believe that I am responsible for sexually assaulting Her. My step sister told them that while there were instances where it was consensual, several times I had forced sexual activity. She also told them that this started when she was 11 and ended when I was 18 years old. Both for those ages are false and I never once forced sexual assault on her. Her mother and brother whom still live with me know I would never force anything onto my step sister however DHS doesn't believe that to be the case. My question to the forums is, what are my options? Am I just screwed and never going to be able to earn the jobs I'm going to school for. Will I see jail time?
 
Dude. Really? You had sex with your very young step-sister and you don't see a problem with that?? Really? Forget the fact that this is your STEP SISTER, and you still have a huge problem in that you molested and raped a child. A child of her age can not legally give consent. There is no such thing. The "reasonable cause" is that you did sexually assault her. For years. If she was 12, this is first degree rape and carries a sentence of up to 20 years. Once she turned 14, if there was a less than 3 year age gap, it wouldn't be statutory rape, but that only applies if she truly did consent and it does not erase the years of rape leading up to her 14th birthday.That her mother has no problem with this is extremely distressing and does not change the legality one bit. I strongly suggest you get yourself a good lawyer and get yourself into some counseling. Stat.

I don't know what type of jobs you are seeking but if it involves children or other vulnerable persons, I strongly suggest reevaluating your options.

Oregon Age of Consent Lawyers | LegalMatch Law Library
 
Your best option is to speak to nobody about this other than an attorney. The worst possible thing you can do is try to explain this to anyone without an attorney present.
That said, if what you say is accurate, you likely did not break any laws. This will come down to your word against hers, and the only evidence that could likely be used against you is what you provide in any statements.
You were both juveniles and your age difference is not enough to trigger any sexual assault violations.
There are certainly some moral issues here, but not necessarily legal ones... Unless force was used. Her failure to make a timely report has prevented any physical evidence from being collected to support the allegation.
Keep your yapper shut and this should go away.
 
You were also a minor. Neither of you were of age to consent. You did not commit assault against her any more than she did against you. Even when you reached 18 the age difference was within a range that typically prevents any criminal action.
The only thing of concern is the allegation of force. You don't know what she actually said vs what someone else has construed it to be. At some point you will likely be approached by law enforcement wanting to investigate. You are within your rights to decline to make a statement. If you are contacted by law enforcement you should immediately obtain a criminal defense attorney. An attorney can help prevent nothing from turning into something.
 
JSweeney08 said:
She also told them that this started when she was 11 and ended when I was 18 years old. Both for those ages are false
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Well...you told us that "[w]hat happened on [the camping] trip [when you claim to have been 14 and that she was 12] was just touching and kissing however for the next 3 yrs things changed to sexual intercorse [sic]." That means she claims it started when she was 11 and ended when you were 18, whereas you claim it started when she was 12 and ended when you were 17. What possible difference do you think that makes?

JSweeney08 said:
I never once forced sexual assault on her.
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And she says otherwise. How are you going to prove that you're right and she's wrong -- especially since, for persons as young as both of you were, the line between forced and consensual is more than a little blurry?

JSweeney08 said:
Her mother and brother whom still live with me know I would never force anything onto my step sister
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Were they present when you had sex? If not, then they "know" no such thing.

JSweeney08 said:
what are my options? Am I just screwed and never going to be able to earn the jobs I'm going to school for. Will I see jail time?
Click to expand...

You need to (1) retain the services of a criminal defense attorney and (2) do not discuss anything that happened with anyone other than your attorney. I also suggest you review the "sexual offense" laws found in Chapter 163 of the Oregon Revised Statutes, including, particularly, sections 163.345, 163.355, 163.365, 163.375, 163.408, and 163.411. That the two of you were so close in age, may protect you in some cases, but section 163.375(1)(c) tells me that you're in some serious s**t.
 
JSweeney08 said:
Mightymoose, They said in the letter that she was not of age to give consent. How is that not breaking a law?
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Watch these TWO videos in their entirety, after which you should KNOW exactly what to do NOTHING and what to say NOTHING:
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zddoodah said:
How do you figure?
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(1) A person who has sexual intercourse with another person commits the crime of rape in the first degree if:



  • (a) The victim is subjected to forcible compulsion by the person;

Short of a confession there likely never will be any evidence to support this.

  • (b) The victim is under 12 years of age;

Short of a confession there likely never will be any evidence to support this.

  • (c) The victim is 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; or

Short of a confession there likely never will be any evidence to support this.
Also, this is an incident with a step-sibling, not a whole or half sibling.

  • (d) The victim is incapable of consent by reason of mental defect, mental incapacitation or physical helplessness.

Irrelevant here due to age and none of this is alleged as far as we know.

Let's not pretend sexual assault is only committed by men against women. The same allegations can be made against the female.
Without evidence of force or coercion I don't see any of this going anywhere. That evidence will only come from one place.
 
mightymoose said:
Short of a confession there likely never will be any evidence to support this.
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This is evidence:

JSweeney08 said:
When I was 14 and my new step sister was 12, we engaged in sexual activities on a camping trip. What happened on that trip was just touching and kissing however for the next 3 yrs things changed to sexual intercorse.
Click to expand...

So is this:

JSweeney08 said:
My step sister told them that while there were instances where it was consensual, several times I had forced sexual activity. She also told them that this started when she was 11
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Whether it's enough evidence to convince a prosecutor to file charges or get a conviction is not for you or I or anyone else here to determine.

mightymoose said:
He does not have to prove anything.
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That's certainly correct. However, if the prosecutor does file charges and this girl gets up on the witness stand and tearfully recounts how her new, older stepbrother took advantage of her, I'm sure the prosecutor will appreciate it if the OP doesn't try to prove anything and remains silent.

As stated previously, I do agree that the OP should not discuss this matter with anyone other than an attorney.
 
We will have to agree to disagree.
The only information given that is of any concern regarding a criminal act is the allegation of the use of force. That allegation won't get charges filed without corroborating evidence which likely does not exist and will not until the alleged perpetrator provides it.
While immoral, the sexual activity between the two was not unlawful, so there is evidence of nothing.
It is also significant that a letter was received rather than a visit from the po-po. If there was anything significant to support the allegation a letter would not be the method of contact.
 
I can't disagree strongly enough that this is no big deal. Physical evidence is not required in any sexual assault case, but particularly when a child is the one making the allegation. This wasn't a couple of 5 year olds playing "doctor". A teenager molesting a younger child for years is never legal.
 
ElleMD said:
I can't disagree strongly enough that this is no big deal. Physical evidence is not required in any sexual assault case, but particularly when a child is the one making the allegation. This wasn't a couple of 5 year olds playing "doctor". A teenager molesting a younger child for years is never legal.
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Nobody said it is no big deal. It just isn't one that will likely amount to much of a criminal matter without a lot more information to support the allegations.
Absent the use of force there is no sexual assault to speak of. The age of both parties prevents much of anything otherwise. This is a matter for counselors, not courts.
 
Not to sure about that as Oregon is the state that charged 13 year olds with felony sex abuse for smacking the bottoms of classmates and legally treats 15 year olds as adults in criminal court. There are also numerous other offenses with which he might be charged which have no "Romeo and Juliet" provision.

We have no idea what evidence exists. Certainly there is nothing to conclude that the girl would not be believed and so there is no reason to worry.
 
Based on the information we were provided there are no laws violated unless the force/coercion allegation is true (for which there will be no evidence at this point).

Any offense one might think of applying to the male would apply equally to the female (again unless force/coercion is a factor).

I can only wonder what the point of the letter from the DHS is. It's a perfectly good way to ruin an investigation and may have done so in this case.
 
JSweeney08 said:
I'm a 19 yr old college student terrified out of their mind that everything I've worked for thus far is going to go down the drain. When I was 14 and my new step sister was 12, we engaged in sexual activities on a camping trip. What happened on that trip was just touching and kissing however for the next 3 yrs things changed to sexual intercorse. Overall a very weird and embarrassing situation looking back at it. 2yrs into the future I receive a letter from DHS stating They have reasonable cause to believe that I am responsible for sexually assaulting Her. My step sister told them that while there were instances where it was consensual, several times I had forced sexual activity. She also told them that this started when she was 11 and ended when I was 18 years old. Both for those ages are false and I never once forced sexual assault on her. Her mother and brother whom still live with me know I would never force anything onto my step sister however DHS doesn't believe that to be the case. My question to the forums is, what are my options? Am I just screwed and never going to be able to earn the jobs I'm going to school for. Will I see jail time?
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I can't even...
 

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