Chapter 163 — Offenses Against Persons
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.
Official sources · 1Tap to view provenance details
Provenance
2025 Oregon Revised Statutes — official online source
Official online edition
- Source
- oregonlegislature.gov
- SHA-256
81109a43…86a4d40c- Review
- auto verified
Version history
2025 Oregon Revised Statutes — official online source