Applying Oregon's Abuse of a Vulnerable Person Statute to Date Rape Cases: Defendants Are in Treble
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Date
2020-01-18
Authors
Cumming, Scott
Journal Title
Journal ISSN
Volume Title
Publisher
University of Oregon School of Law
Abstract
The common-law “apparent consent” standard has been criticized for allowing offenders to escape liability for sexual assault when the victim was too intoxicated or scared to say “no.” This Comment analyzes how Oregon’s “abuse of a vulnerable person” statute could apply to such cases—namely, civil cases in which the plaintiff was sexually assaulted by an acquaintance, and she was unable to express her nonconsent or consciously perceive the assault, due to intoxication or underlying trauma (i.e., “date rape” cases).
Description
54 pages
Keywords
Sexual assault, Oregon, Date rape, Civil law
Citation
98 OR. L. REV. 325