ORS 163.375: Rape in the first degree.

(1) A person who has sexual intercourse with another person commits the crime of rape in the first degree if:

      (a) The victim is subjected to forcible compulsion by the person;

      (b) The victim is under 12 years of age;

      (c) The victim is under 16 years of age and is the person’s sibling, of the whole or half blood, the person’s child or the person’s spouse’s child; or

      (d) The victim is incapable of consent by reason of mental incapacitation, physical helplessness or incapability of appraising the nature of the victim’s conduct.

      (2) Rape in the first degree is a Class A felony.