Oregon Statutes 163.315 – Incapacity to consent; effect of lack of resistance
(1) A person is considered incapable of consenting to a sexual act if the person is:
Terms Used In Oregon Statutes 163.315
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
(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. [1971 c.743 § 105; 1999 c.949 § 2; 2001 c.104 § 52; 2021 c.82 § 2]
[Renumbered 166.190]