Understanding Oregon Consent Statutes: Key Insights

Consent Statutes in Oregon – An Overview

Consent laws refer to the legal regulations surrounding sexual activities, which require that all parties involved agree to such activities. Consent can be given explicitly, either verbally or in writing, or implied through actions, but it is crucial that all individuals involved provide an affirmative agreement before engaging in any sexual acts.
In Oregon, consent laws are defined by the state’s legal code, which provides a framework for what constitutes consent and how it can be legally given or withdrawn. Oregon law includes detailed provisions on consent in relation to a variety of sexual acts , providing definitions of what constitutes consent, with both general and specific rules as they pertain to certain offenses and accused persons.
Understanding Oregon consent laws is essential for all residents of the state. For residents, it is vital to understand the laws in order to know how they apply to you and your experiences. For visitors to Oregon, knowing the consent laws is equally as important, as breaking these laws can lead to serious consequences, including criminal charges and lifelong sex offender registration.

Minors in Oregon and the Legal Age of Consent

The legal age of consent in Oregon is 18. This means that for a person of any age to have sexual relations (oral, anal or vaginal sexual intercourse or penetration) with someone who is below 18 years old, the adult can be charged with a crime in Oregon. This applies even in the event the adult was not aware of the other person’s age. The age of consent is not the same as the close-in-age exemptions that Oregon provides. These exemptions are specifically for the conduct that would otherwise be illegal in Oregon.
While the age of consent is 18, close-in-age exemptions are written into Oregon law. While nothing is ever perfect, and you can always be in the right place at the wrong time, having knowledge of these laws can protect you if you fall into one of these categories.
The Close-in-Age Exemption
For the ages 12 to 16, there is an exemption in Oregon law. The age difference cannot be over 36 months, or three years. In simple terms, for a person under 14, the other person must be over 16; for a person under 15, the other person must be over 16 or 17; for a person under 16, the person must be over 17, 18 or 19. In Oregon, the person under 18 is the one who can legally consent, therefore it doesn’t matter what age the other person is, as long as they’re not more than three years older.

Minor Medical Consent in Oregon

In Oregon, the law allows minors to consent to medical care in some circumstances. However, the requirements for providing medical treatment to a minor without the consent of a parent or legal guardian can depend on the age of the minor as well as the type of treatment.
A minor can authorize his or her own medical treatment once he or she turns 15 years old. This means that as long as a doctor has written authorization from a parent, legal guardian or the treating minor child, the minor does not need the consent of a parent or guardian in order to receive treatment.
If a minor is at least 14 years old and if he or she is able to understand the nature and significance of the treatment, then he or she can consent to certain types of treatment including diagnosis and treatment of communicable diseases or conditions, mental health conditions, alcohol and drug dependency, certain unplanned pregnancies, STD examinations and testing, and testing for HIV and AIDS.
Importantly, children younger than 15 cannot consent to abortion procedures without the consent of a parent, legal guardian, guardian ad litem, or they must receive a court order granting permission for the procedure.
Exceptions to the age requirements above include treatment for sexually transmitted disease, drug abuse or alcohol abuse. Minors of any age can consent to this type of treatment without parental authorization.

Consent for Sexual Acts under ORS 163

In order for someone to consent to a sexual act, he or she must be competent to do so. The elements necessary to consent are that the person is of a certain age and has "the capacity to make voluntary and reasonable decisions regarding his or her sexual or reproductive functions." Oregon defined the age of consent as 16, meaning both partners are over 16 years of age and not family members. Importantly, in Oregon, consent is vitiated when a person makes "undue influence over another so as to prevent independent action" or when a person was unable to make a decision due to the influence of drugs or even prescription medications.
If a person does not give their consent to a sexual act, that sexual act may fall into the categories of sexual assault, rape, sodomy or other charges. The definition of each sexual crime varies from state to state, but criminal law in Oregon prohibits sexual conduct with another if that other person cannot consent.
In addition to the criminal penalties for non-consensual sexual conduct, civil law in Oregon makes non-consensual sexual conduct grounds for damages. The victim may sue for compensatory and even punitive damages.

Exceptions to Parental Consent Requirements

Parental consent may be sought in Oregon under various circumstances. Under OAR 437-001-0765, underage youth need a parent/guardian to give consent for them to be admitted or treated at a mental health facility. ORS 146.155(1)(b) provides that parental consent is required for the detention of a minor at a youth care center. A person under 15 years of age may never give consent for medical or dental care. ORS 109.690(1). If not in an emergency situation or living independently, youth under 15 years of age must have parental consent for birth control prescriptions (S.L.S. v C.B., 238 Or App 663, 181 P3d 778 (2008) or confidential mental health care. ORS 109.675(1)(c),(e) and juvenile sex abuse examinations. ORS 418.747; OAR 333-025-0015(3). Absent an emergency situation, parental consent is needed, regardless of the minor’s ability to understand the implications of his/her choices . See ORS 109.685(2)(d).
A minor under 15 cannot consent by virtue of living on her/his own. However, if a child above 15 years of age is living independently and executing financial contracts on her/his own (capable of managing his/her own affairs), then that child is in a position to give legally valid consent for their own matters. Young v. Redmond, 358 Or 152, 356 (2015); Trusty v. Mounts, 164 Or 1 (1909).
If a minor is in an emergency, and parental consent is not possible, then medical practitioners can proceed without parental consent and without the minor’s consent if he/she is incapacitated. ORS 109.610.
An emancipated minor can give legally binding consent for medical care, education, and other adult affairs. ORS 419B.556(4); ORS 420.555. An emancipated minor is 16 years of age or older, living independently, and verified as such by a local juvenile department.

Consent Governed by Local Laws and Federal Law in Oregon

While Oregon laws on consent govern state actions and rights, they exist on a continuum with federal laws. Some federal laws, such as the Children’s Online Privacy Protection Act, protect minors from online data collection, even if the minor lives in a state without local legislation similar to the federal law. States can build on or restrict elements of these federal laws, but they can’t disregard them.
When it comes to consent, Oregon mirrors some federal laws and differs from others. For instance, the FERPA grants students certain privacy rights, including regarding emails at public colleges and universities that participate in the federal student aid program. These emails fall under state public records laws after being sent or received. Oregon law requires that public records be available unless an exemption applies. Emails sent between educators and students at public colleges and universities are generally not exempt in Oregon. That said, there are some exceptions to this rule.
The 1998 Children’s Online Privacy Protection Act sets rules for websites targeted to children under 13. In addition to disclosure requirements, the Act also mandates parental consent in certain circumstances. Oregon law does not apply to hairdressers, doctors, lawyers, brokers, car rental companies, and other businesses with direct business relationships but it does to bars and restaurants.

Liabilities Associated with Violating Oregon Consent Laws

Violating consent laws could lead to both criminal and civil penalties.
Criminal Penalties
If you violate the Oregon laws pertaining to consent, it’s likely you will be subject to criminal charges. Many of the violations fall under Class A, B, or C felonies, which could result in large fines and jail time. These include, but are not limited to:
In the most severe of cases, violating the consent laws could even lead to a Class A felony, the penalties for which include up to $250,000 in fines and life in prison.
Civil Penalties
If you violate the consent laws as a business, state law entitles you to a fine of $200 per violation. If you have more than 100 customers affected by the violation, however, your fine could increase to as much as $25,000. You should also be prepared to pay for the expenses your business incurred in violating the law. This could include the cost for setting up a call center to deal with consumer complaints, mailing a notice of the security breach to all of your affected customers, providing security freezes on consumer reports and specifics on how to reduce further exposure.
Potential Defenses
There are a handful of defenses available to those accused of committing a violation involving consent. However, consent is an affirmative defense—this means the burden is on the defendant to show that consent was obtained. It’s strongly recommended to hire a defense attorney in the event of a consent violation so that you communicate your case well and find the necessary documentation to support your statement.

Latest Developments on Oregon Consent Statutes

Over the past few years, Oregon has seen a push towards expanding legal consent for individuals who may not have been given explicit permission to make decisions over their own life and bodies. For instance, in May 2023, Governor Tina Kotek signed SB 577 to protect youth who have fled from an abusive or controlling environment. It had been a long fight, and Governor Kotek stated that it had taken four years to get the bill passed. Her administration has made this a priority, especially after the Supreme Court of the United States overturned Roe v . Wade, paving the way for a large scale attack on LGBTQ+ rights in the nation. With the passage of SB 577, Oregon law protects youth from prosecution in other states. The Oregon Health Authority states that SB 577 creates a shield to prevent the legal prosecution of youth seeking gender affirming care or seeking reproductive health care.
The bill will go into effect January 1, 2024. Similar to the Changes to the Family Medical Leave Act that passed in 2019, Oregon is working to protect its residents from overreaching laws in other states.