The caller had questions about first cousins “being together.” Turns out while incest is a Class C felony and defined as marriage or sex between an immediate family member (mother/son, sister/brother) or any half-relation such as half-brother. Beyond that, the law is up for interpretation.
The Oregon Revised Statute describes the above as incest, but also “a person whom the person knows to be related to the person ... as an ancestor, descendant.” It is the “ancestor, descendant” section that is ill-defined within the law. The deputy advised the caller that the couple is in the clear as long as they are second cousins or more distant. Anything closer could be referred to the district attorney’s office for interpretation.
It would be a waste for the sheriff or the district attorney or any court to spend resources punishing people for consensual sex, regardless of their relation. Not only should people be free to have such relationships, but they should have the freedom to marry as well. First cousins can marry in some states. Why would Oregon prosecute them for having sex?
A candidate for Kansas Governor has proposed having a person whose job it is to find bad or outdated laws to repeal. Oregon and every other state should have one of those, and one of the things they should do is propose the repealing of any law designed to punish consensual sex. It doesn’t matter if they are the same sex. It doesn’t matter if they are sisters. It doesn’t matter if they are three sisters and a male friend. It should not be something for the law to stop.
I hope the caller wasn't calling from their own number.
my X wife has been living as a couple with my son in Oregon since he was 15 and he is now 26. what can I do to prosecute my x wife. child services dosent care because I didnt have pictures
ReplyDeleteShe is his biological mother? If the authorities don't care there is nothing you can legally do. They are consenting adults now anyway.
DeleteDoes an uncle (age 42) commit incest when he suduces and has sex with his neice age 18-19
ReplyDeleteAre they related through blood or marriage? I'm not sure if Oregon makes a distinction. However, if the 18-19 year-old consents, it should NOT be illegal (even if Oregon laws still make it illegal.) I call that consanguinamory.
DeleteDoes cousin marriage considered illegal for immigration purpose? Our marriage happened to be cousin marriage and it's legal in our country, please advice...
ReplyDeleteAnonymous, about half of US states will marry first cousins. I'm reasonably certain cousin marriages from outside the country are recognized in the US for immigration purposes.
DeleteCan a half uncle who is 29 be together with his 19 year old niece he just met for the first time in oregon?????
ReplyDeleteMy guess is that the laws in Oregon would be against that, even though it happens all of the time. It is a matter of whether or not someone complains to the authorities, or self-incrimination, as in one of you crosses paths with law enforcement on another matter and admit you are together and your relation to each other. Since you just met, it might be a matter of Genetic Sexual Attraction and you should see my page here on this blog with that title.
DeleteWhat about father daughter if they are consenting adults and never knew each other until the daughter was 20
ReplyDeleteUnfortunately, the ridiculous laws in Oregon and most states don't allow for her to make her own decisions as an adult. Only the states of Rhode Island and New Jersey don't criminalize such relationships as of this writing. Many other countries also allow for such relationships. Please contact me at fullmarriageequality at Protonmail dot com for more information relating to your specific situation.
DeleteWhat are the laws on a daughter being in a relationship with a man who may possibly be her biological father (never DNA tested) and they a both adults never met until the daughter was 20
ReplyDeleteI’m not a lawyer. However, regardless of what the two people believe about each other and regardless of what relationship or lack thereof they’ve had before, if they are, in fact, genetic father & daughter, it’s still illegal for them to have sex in any state except New Jersey and Rhode Island. The laws of the other 48 states are ridiculous, but they are still in effect. Please feel free to write me privately at fullmarriageequality at protonmail dot com
DeleteDo you know if I could be legally punished in Oregon for consensual sex with my nephew? He's 21 and I'm 25, we're both male so I feel like it adds an extra taboo to it that would make people not want to accept us.
ReplyDeletePeople may or may not accept you regardless of the law. I’m not a lawyer but my understanding of this is that you won’t be breaking any criminal laws in Oregon:
Deletehttps://www.oregonlaws.org/ors/163.525
Incest
(1) A person commits the crime of incest if the person marries or engages in sexual intercourse or oral or anal sexual intercourse with a person whom the person knows to be related to the person, either legitimately or illegitimately, as an ancestor, descendant or brother or sister of either the whole or half blood.
(2) Incest is a Class C felony. [1971 c.743 §172; 2017 c.318 §12]
Are you two flirting? Or what?
I've had a crush on him since we were both kids. We wound up drinking together with a few friends and it progressed into some mutual touching that got stopped short because a friend was upset about it. It's honestly a shame that a consensual relationship can't exist between two adults, though I understand how it might be upsetting to some people to see.
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DeleteI don’t know what was the result of your relationship, but I am dating my aunt, who’s 23 years my senior... and it’s the greatest thing that’s ever happened to me. The only way is to “rock that sh-t”, no shame.
Anon, congrats on your relationship with your aunt. I'd like to hear more. You and anyone else reading this can contact me. See this: https://marriage-equality.blogspot.com/2018/07/this-is-how-you-contact-keith.html
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