ORS  Guide
incapable of consenting
The subject is:
(1)(a) under 18
(b) incapable of appraising the nature of the person’s conduct
(2) a lack of verbal or physical resistance doesn't, by itself, constitute consent but may be considered along with all other relevant evidence. (3) a person is incapable of appraising the nature of the person's conduct if the person is unable to:
(c) communicate a decision to engage in <a class='DefinitionLink' href='/php/definitionDisplay.php?cat=ORS&l=Conduct'>conduct</a>.
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