(1) A person is considered incapable of consenting to a sexual act if the person is:\n(a) Under 18 years of age;\n(b) Incapable of appraising the nature of the person’s conduct;\n(c) Mentally incapacitated; or\n(d) Physically helpless.\n(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.\n(3) A person is incapable of appraising the nature of the person’s conduct if:\n(a) The person is unable to understand the nature of the conduct;\n(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\n(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]
Oregon Legal Code