(4) “Mentally incapacitated” means that a person is rendered incapable of appraising or controlling the conduct of the person at the time of the alleged offense because of the influence of a controlled or other intoxicating substance administered to the person without the consent of the person or because of any other act committed upon the person without the consent of the person.(5) “Physically helpless” means that a person is unconscious or for any other reason is physically unable to communicate unwillingness to an act. These laws are situational and are subject to interpretation. Sexual relations which occur between adults and teenagers under 18 are left in a legal gray area: laws against corruption of minors as well as estupro laws can be applied to such acts, at the discretion of the prosecution.Non-violent sexual contact with persons under the age of consent may be punished with varying degrees of severity, ranging from a misdemeanor with a simple fine, to a felony with a punishment equivalent to rape.Different ages may apply if one partner is in a position of power or authority over the other, such as a teacher, manager, coach, parent or stepparent.
Choosing to carry a weapon for self-defense, especially a deadly weapon, is a big decision.
This provision allows partners who are close in age, or both under the Oregon age of consent, to engage in consensual sex without fear of prosecution under Oregon age of consent regulations.
For more information, read about close-in-age exemptions.
in which the victim’s lack of consent was due solely to incapacity to consent by reason of being less than a specified age, it is a defense that the actor was less than three years older than the victim at the time of the alleged offense if the victim was at least 15 years of age at the time of the alleged offense. The result reveals relationships in the code that may not have otherwise been apparent.
[1971 c.743 §108; 1991 c.386 §3; 1991 c.830 §4; 1999 c.626 §24; amendments by 1999 c.626 §45 repealed by 2001 c.884 §1] Age difference of less than three years is not defense where victim does not give actual consent.