For information about rape between spouses, see Marital Rape Laws. By law, the state must provide continuing treatment to offenders who have been civilly committed and offenders are entitled to an annual evaluation hearing. Though statutory rape does not require that the prosecutor prove an assault, it is still rape. The age of consent can vary among states, and some states differentiate between consensual sex between minors who are close in age for example, two teenagers of the same age , as opposed to sex between a minor and a much older adult. Sexually violent predators are committed to the custody of DSHS. They may argue that the victim herself represented that she was older than she was, and that a reasonable person would have believed her. Third degree sexual abuse includes sexual contact between a minor who is 14, 15, 16, or 17, and a defendant who is at least three years older. But even if this is true, a defendant cannot rely on a mistake of age —even a reasonable one— to avoid conviction in Oregon. This offense is a Class C felony. A lawyer can often negotiate with the prosecutor for a lesser charge or a reduction in penalties such as, for example, probation instead of prison time and will know how prosecutors and judges typically handle cases like yours. First degree unlawful sexual penetration includes sexual penetration with a body part or object other than the penis or mouth that occurs between a minor younger than 12 and a defendant of any age. Only sex offenders who are found beyond a reasonable doubt to meet the legal definition of a sexually violent predator may be civilly committed. This offense is a Class B felony. The maximum term is the statutory maximum sentence for the crime: Of course, rape that does involve force or an assault is illegal in Oregon and prosecuted as forcible rape. If released, the offender is placed under community custody status for remainder of maximum term. Mistake of Age Defendants accused of statutory rape often claim that they had no reason to know that their partner was underage.