Ignorance or mistake as a defense
Source:
Section 163.325 — Ignorance or mistake as a defense, https://www.oregonlegislature.gov/bills_laws/ors/ors163.html.
Notes of Decisions
Under this section, it is no defense to charge of rape or sodomy that defendant reasonably believed victim to be older than particular age if that age is under 16. State v. Hoehne, 78 Or App 479, 717 P2d 237 (1986)
Relevant inquiry is whether defendant was aware of condition that in fact rendered victim unable to consent, not whether defendant was aware that effect of condition was to render victim unable to consent. State v. Anderson, 137 Or App 36, 902 P2d 1206 (1995), Sup Ct review denied
Affirmative defense that defendant lacked knowledge that victim was incapable of consent does not unconstitutionally shift burden of proof because knowledge of incapacity is not required element of crime. State v. Phelps, 141 Or App 555, 920 P2d 1098 (1996), Sup Ct review denied
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