Emma said she was 18 when she had Henry. However, she also said it was a juvie record when she was in jail so she had to have been under the age of 18 when she was arrested. Therefore, she was 17 when she had sex with Neal. Oregon doesn’t use the phrase statutory rape. The age of consent is 18. But according to Oregon law, having sex with a person under the age of 18 is a misdemeanor if it’s consensual (which it obviously was). They don’t consider it rape. And also take into the account the age difference between the two people.
I think when she was sentenced she was 17 years old. Sometime in the first 9 months of her sentence she turned 18. Emma was in jail 2 months when she found out she pregnant. She probably conceived Henry shortly before she got arrested. So sometime within those 9 months she turned 18.