Sexual Assault

What is Sexual Assault?

As defined in Oregon Revised Statute 163.305, sexual assault means any unwanted “sexual contact” which is defined as, “Any touching of 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.”

A person is considered incapable of consenting to a sexual act if the person is:

  1. Under 18 years of age;
  2. Mentally incapable, as in a person who suffers from a qualifying mental disorder that renders the person incapable of appraising the nature of the conduct of the person;
  3. Mentally incapacitated, defined as a person whom is rendered incapable of appraising or controlling the conduct of the person at the time of the alleged offense; and 
  4. Physically helpless, as in a person is unconscious or for any other reason is physically unable to communicate unwillingness to an act. Additionally, 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 as stated in ORS 163.315.

Sexual assault includes rape, incest, date and acquaintance rape, statutory rape, marital or partner rape, sexual exploitation, unwanted sexual contact, sexual harassment, indecent exposure, and voyeurism (watching). Unwanted sexual contact constitutes sexual assault regardless of the relationship between the suspect and the victim (i.e., spouse, romantic partner, etc.). In fact, a majority of sexual assaults are committed by someone the victim knows, like an acquaintance or a spouse/domestic partner.

Get Support

  • Don’t blame yourself. You did not choose to be assaulted.
  • It is never the victim’s fault. Only the offender is to blame.
  • Tell someone, like a trusted friend or family member. It is easier when you have emotional support.

Seek Medical Attention immediately after Sexual Assault

You can ask for evidence to be collected during a hospital exam, even if you don’t know if you want to report it to the Law Enforcement.

  • SAFE Kit – A Sexual Assault Forensic Examination Kit includes both a medical assessment for health purposes, and collection and documentation of the evidence. It is completed by a SANE.
  • SANE - A registered, professional nurse who has successfully completed clinical training to become a Sexual Assault Nurse Examiner.
  • SAVE - Sexual Assault Victims’ Emergency Medical Response Fund. This fund pays for a medical examination, with or without a report to Law Enforcement. It pays for the SAFE Kit, emergency contraceptives, and Sexual Transmitted Infection/Disease prevention.
  • Ask for an Advocate. The SANE usually calls an Advocate or Victim Assistant to provide support and emergency services as needed. Which agency responds depends on where the assault happened.

If the you decide to do a SAFE Kit, do not shower or change clothes.

Go to the local hospital emergency room immediately.

Where to get help? (See Other Resources tab)

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