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In reply to the discussion: Oregon Supreme Court to consider: Is it 'cruel and unusual' to imprison public masturbator for life? [View all]pnwmom
(108,955 posts)The sodomy law he was convicted of breaking has nothing to do with adult consensual sex. It is legally equivalent to rape.
Being guilty of Sodomy in the first degree means he either forcibly engaged a person in oral or anal sex
Or he engaged in oral or anal sexual activity with a child under the age of 12.
Or he engaged in oral or anal incest with a victim under 16
Or he engaged in oral or anal sex with an adult who was incompetent to give consent.
ALL of these crimes constitute rape -- sexual penetration without consent.
163.405¹
Sodomy in the first degree
(1) A person who engages in deviate sexual intercourse with another person or causes another to engage in deviate sexual intercourse commits the crime of sodomy in the first degree if:
(a) The victim is subjected to forcible compulsion by the actor;
(b) The victim is under 12 years of age;
(c) The victim is under 16 years of age and is the actors brother or sister, of the whole or half blood, the son or daughter of the actor or the son or daughter of the actors spouse; or
(d) The victim is incapable of consent by reason of mental defect, mental incapacitation or physical helplessness.
(2) Sodomy in the first degree is a Class A felony. [1971 c.743 §114; 1989 c.359 §4]