I hope you are able to get a great lawyer. One of the members here, Rewdiazepam, is very knowledgeable about the law for SOs. You can private message him.
As for getting easier, the chaos morphs into a new normal.

I have done a so.much research that a lawyer aasked how I knew so much about law.
I found a decent defense and a loophole.. My hopes are up but not high.

Oregon certainly has some stiff mandatory minimums with their Measure 11 laws, and while your son’s situation is serious, it may not be quite as serious as you think.

First, I hope he has retained an experienced criminal defense attorney to help get him through this process. If he cannot afford a private criminal defense attorney, a public defender should have been appointed at arraignment.

Since your son already confessed to the crimes, going to trial would be pointless and judicial suicide; so he will have to plea bargain with the DA, which means he would sign a negotiated plea, admit guilt, and in exchange for that guilty plea, the DA would lessen the charges. The DA probably does not want to use the resources or put a 13 year old through the rigors of a trial, so he will give a little to get a sure conviction without a trial with a negotiated plea.

This is how it usually works in criminal cases.

If the DA refused to offer him a plea, his other alternative would be to throw himself on the mercy of the court with a blind plea, usually a no contest plea, and allow the judge to sentence him. But I think the DA will allow your son to deal for a lighter sentence.

Last night, I did quickly read over Oregon statutes and noticed that an 18 year old having sexual intercourse with a 13 year old----who, btw, cannot legally give consent for sex----is a second degree rape charge. The cut off between second degree rape and first degree rape is 12 years old, so according to that the most serious crime he should be charged with would be second degree rape. And, I also noticed that the mandatory minimum for second degree rape is six years three months.

You mentioned that the sex was consensual and that he was charged with four counts. Unless the 13 year old was mentally or physically disabled, mentally challenged in some way, or coercion was used, then I doubt that the DA will try to ruin an 18 year old’s life with an ungodly sentence. I realize that the DA has no influence on the sentence since Measure 11 requires a mandatory minimum for the crime of second degree rape, but the DA does have discretion in how the charges are prosecuted.

Your son was charged with four counts, but I seriously doubt that he will be convicted on four counts. Instead, in exchange for a guilty plea, most DAs will drop all the charges except one single charge. If the DA does this, then your son will not be convicted on all four counts, but one count. If the sentence for one count is six years, then he will be facing six years instead of 25 years.

It is hard for me to believe than any prosecutor would try to give an 18 year old who had consensual sex with a 13 year old a 25 year sentence, especially a first time offender. If your son had been 40 years old, it might be different, but I doubt that your son will be given a 25 year sentence. Keep in mind that while a 13 year old is indeed underage, she also is not an eight year old either.

I am NOT an attorney and am not privvy to the details of your son's case, but the way I have described your son's case is how they are usually handled in our criminal justice system.

I think you are in better shape than you realize, but I will gladly talk to you any time.

rewdiazepam

I’m glad you got a good lawyer! This is the most important thing you can do. As you know now talking to the police is always a bad idea. You should never do it.

Is your son in jail right now?

What his lawyer is going to do right now is try and get your son the best possible plea deal. Unfortunately since he confessed there isn’t as much reason for the DA to make a great deal. Hopefully your son’s lawyer can show mitigating factors like your son’s age and her making the advance (even though her making the advance means nothing legally). Your son’s lawyer may have him do a psycho-sexual exam and take a full history polygraph to show that there are no more “victims”.

This all costs money but if you have the means it is money well spent.

This is a very frightening time for your son. I went through something similar to what your he is going through at a similar age. The worst part for me was the uncertainty. You know the shoe is going to fall on you but you don’t know how bad it is going to be.

Does it get better? I wish I could say it gets better soon. When you son gets out he will be on the registry. I hear it’s not bad in Oregon but it’s tough to get a job being on the registry. I’ve been turned away from many jobs and fired from one because of my history.

Welcome to the board, glad you are here. You can ask anything and we are here to support you and your son.

-Independent

Sorry I left this up on my phone to answer when I had more time and didn’t see Rew had posted. So some double content.

Thanks for the feedback.
My son hasnt been arrested yet, only questioned. I wondered about a plea deal after a confession, actually had no hope for one, but now see how it can happen and have hope. Thank you Rew.

We have other hopes too. Were gonna draw up our own "offer" to use if needed. Under Oregon house bill 2379, passed in 2001, at the judges discretion, he can sentences certain individuals convicted of my sons offenses under the pre measure 11 guidelines. My son meets every condition. Measure 11 was meant for violent and repeat offenders. Not kids that make stupid choices.

I learned that one of his confessed crime can not be sentenced under measure 11, if it was consensual, if the victim is older than 12.. So, we went from 4 to 3. Possibly even less.

Also, several other examples in this county, tried by the current DA, of same or worse rape 2 crimes.
One of which, a 26yo had sex with at least two 13 yos. He got 15 months and probation.

One of his co-defendants was 17 and accused of several sexual encounters with one of the same 13yo girls. Even dated her for a month. Under measure 11, anyone over 15 accused of a measure 11 crime must be tried as an adult.
Well, he got charged with less than a measure 11. That meant he was tried as a juvenile. He got three years probation, a few other little things, and didnt have to register.
Here's the kicker. That 17yo is the son of our current DA. He didn't charge or try his sons case, but it seems it would cause some ethical difficulties to hammer someone else's son for less than his own did.

And last, Rew explained how its extremely unlikely, and described well, that my son will receive an "ungodly" sentence that I feared.

I do want to put it out there, I'm not defending my sons innocence.
Only the draconian penalties he could face.

Asgmiami,

You said, “Rew thinks he will still be offered a plea even with a confession. Not a great one, but something to avoid trial. Were hoping, but preparing for not.”

In this country 97 percent of federal cases and 94 percent of state cases end in plea bargains, with defendants pleading guilty in exchange for a lesser sentence. The vast majority of those who plea bargained at some point confessed to the crime.

Prosecutors and DAs do NOT like going to trial. Not only is it time consuming and uses valuable resources, there is always a chance that there will be unintended consequences and their case will blow up in their face, particularly when the victim in young. Most prosecutors will settle with a sure conviction via a plea bargain.

The only scenario in which your son can receive one of those “ungodly” sentences I described is if he goes to trial, is convicted, and the charges are run consecutively instead of concurrently. If he pleas, the prosecutor will usually drop all the charges except one and your son will be convicted on that one count in exchange for a guilty plea.

Also keep in mind that the six year three month mandatory minimum for second degree rape is a mandatory MINIMUM; the sentence can be more severe than six years three months as that is only the minimum. If he is convicted at trial he will not have as much control over his sentence and the jury could give him 10 years on each charge.

You sort of scared me when you kept mentioning going to trial and hoping for jury nullification. Jury nullification is reserved for sympathetic defendants who go to trial. I know you love your son and I know you are fighting for your son, but I am also. We have to look at things as they really are as opposed to how we would like them. Pinning your hopes on going to trial and hoping for a jury nullification is extremely unwise.

I have never seen jury nullification being anything close to a factor in a sex trial with a minor. NEVER.

I have been through these trials and trust me, that 13 year old will look like a little princess when she gets on the witness stand. They will have ribbons, flowers, or bows in her hair and she will look like the “paragon of virtue” while the DA will preach on and on that your son defiled her. Seriously, this is how the game is played.

I also worked as a law clerk in the law library in prison for 8 years, read hundreds of transcripts, and talked to hundreds of defendants to get a feel of what goes on in these trials.

You are concerned about your son being sentenced using the Measure 11 statute in Oregon. I found some statistics that should make you sleep better at night. Follow this link----

https://tinyurl.com/ybbudnmd

The link above will take you to a table put out by the Oregon DOC, which gives data on those being convicted and affected by the Measure 11 scheme.

On the first page, go to the age bracket and look carefully at the ages of 18-20. Since he will not be adjudicated as a juvenile, I think he will be under the custody of the DOC. Looking at the table, for an 18-20 year old under the custody of the DOC, only 0.9% are adjudicated using Measure 11. That is less than one percent. Those are odds I would take to Vegas any day.

Scroll on down the page to the offense section. In the Rape II category, only 2.1% of the defendants were sentenced under the Measure 11 guidelines.

Your son is a first time offender with no prior criminal history. The offense was consensual----if not legally, at least morally---and no force was used. The girl, while 13 years old, was not some doe-eyed eight year old who had no idea what was going on. Legally this really does not matter, but don’t kid yourself, DAs take these things into consideration.

Regarding any proposal or anything that you plan to write up, I would urge you in the strongest terms to allow your son’s attorney to do all the talking. Most defense attorneys I know applaud a parent getting involved in their son’s case, but leave all the communication to the lawyer.

Hope this makes you feel a little bit better.

rewdiazepam