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.