Legal Information: Oregon

Statutes: Oregon

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Updated: 
July 9, 2021

163.315. 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) Incapable of appraising the nature of the person’s conduct;

(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.

(3) A person is incapable of appraising the nature of the person’s conduct if:

(a) The person is unable to understand the nature of the conduct;

(b) The person is unable to understand the right to choose whether and how to engage in conduct, including the right to revoke a prior decision to engage in conduct; or

(c) The person is unable to communicate a decision to engage in conduct.

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