ORS 163.315 Incapacity to consent; effect of lack of resistance

A person is considered incapable of consenting to a sexual act if the person is:

Under 18 years of age;

Incapable of appraising the nature of the person’s conduct;

Mentally incapacitated; or

Physically helpless.

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.

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

The person is unable to understand the nature of the conduct;

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

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