Call David Lesh today at 503.546.2928 if you need an experienced attorney to assist you with an Oregon sex crime.

Former prosecutor dedicated to criminal defense.
More than 20 years as an Oregon attorney.
Call today for a no cost consultation.
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THE OREGON CRIMINAL LAW GUIDE

MAIN PAGE OREGON SEX CRIME LAWYER OREGON BALLOT MEASURE 11 GUIDE OREGON SEX CRIME GUIDE
"I defend people facing sex crime charges in the State of Oregon."

OREGON SEXUAL OFFENSES:  DEFINITION, DEFENSES, AND CONSENT LAWS

   ORS 163.305 Definitions. As used in chapter 743, Oregon Laws 1971, unless the context requires otherwise:

   (1) “Deviate sexual intercourse” means sexual conduct between persons consisting of contact between the sex organs of one person and the mouth or anus of another.

   (2) “Forcible compulsion” means to compel by:

   (a) Physical force; or

   (b) A threat, express or implied, that places a person in fear of immediate or future death or physical injury to self or another person, or in fear that the person or another person will immediately or in the future be kidnapped.

   (3) “Mentally defective” means that a person suffers from a mental disease or defect that renders the person incapable of appraising the nature of the conduct of the person.

   (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.

   (5) “Physically helpless” means that a person is unconscious or for any other reason is physically unable to communicate unwillingness to an act.

   (6) “Sexual contact” means any touching of the sexual or other intimate parts of a person or causing such person to touch the sexual or other intimate parts of the actor for the purpose of arousing or gratifying the sexual desire of either party.

   (7) “Sexual intercourse” has its ordinary meaning and occurs upon any penetration, however slight; emission is not required. [1971 c.743 §104; 1975 c.461 §1; 1977 c.844 §1; 1979 c.744 §7; 1983 c.500 §1; 1999 c.949 §1; 2009 c.770 §1]

   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) Mentally defective;

   (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. [1971 c.743 §105; 1999 c.949 §2; 2001 c.104 §52]

   ORS 163.325 Ignorance or mistake as a defense. (1) In any prosecution under ORS 163.355 to 163.445 in which the criminality of conduct depends on a child’s being under the age of 16, it is no defense that the defendant did not know the child’s age or that the defendant reasonably believed the child to be older than the age of 16.

   (2) When criminality depends on the child’s being under a specified age other than 16, it is an affirmative defense for the defendant to prove that the defendant reasonably believed the child to be above the specified age at the time of the alleged offense.

   (3) In any prosecution under ORS 163.355 to 163.445 in which the victim’s lack of consent is based solely upon the incapacity of the victim to consent because the victim is mentally defective, mentally incapacitated or physically helpless, it is an affirmative defense for the defendant to prove that at the time of the alleged offense the defendant did not know of the facts or conditions responsible for the victim’s incapacity to consent. [1971 c.743 §106]

   ORS 163.345 Age as a defense in certain cases. (1) In any prosecution under ORS 163.355, 163.365, 163.385, 163.395, 163.415, 163.425, 163.427 or 163.435 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.

   (2) In any prosecution under ORS 163.408, when the object used to commit the unlawful sexual penetration was the hand or any part thereof of the actor and 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.

   (3) In any prosecution under ORS 163.445 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. [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]


David N Lesh
Oregon Defense Lawyer
No cost initial consultation



503.546.2928
434 NW 19th Avenue
Portland, OR  97209


TIP:  The age of consent in the State of Oregon is 18 years.



David Lesh Mini Biography

Oregon attorney since 1990;

Former sex crime prosecutor;

Former lawyer to the Portland Police BureaU;

Sought after criminal defense attorney.