I'm not sure why this problem is not addressed, though the longer a law is in place the more people tend to assume that it must have survived any challenges. When I looked at the history of that statute a few years ago I didn't find any appellate challenge to this aspect of the statute at all, so perhaps I am barking up the wrong tree-my field is education policy and law, not criminal issues. Oddly enough one of the legal staff to the revision commission was George Platt, from whom I took classes some years later.  If he were still alive I'd ask him about it.

It is obviously absurd to claim that the same person is mentally and emotionally capable of making their own decisions about sex - the purpose of consent law - in Vancouver but not in Portland. There really needs to be some way to rebut the notion of incapacity on a case by case basis.