ORS 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: (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]