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Legal Statutes: Oregon

UPDATED October 25, 2016

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Sexual Offenses

back to top163.315. Capability to consent; lack of resistance

(1) A person is considered incapable of consenting to a sexual act if the person is:
(a) Under 18 years of age;
(b) Mentally defective;
(c) Mentally incapacitated; or
(d) Physically helpless.
(2) A lack of verbal or physical resistance does not, by itself, constitute consent but may be considered by the trier of fact along with all other relevant evidence.
Laws 1971, c. 743, § 105; Laws 1999, c. 949, § 2; Laws 2001, c. 104, § 52.