Statute of Limitations on Sexual Abuse Lawsuits in Oregon

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Victims of sexual abuse sometimes wait for years before talking about what happened to them, often out of fear of not being believed or ostracized. If and when you come forward, you can file a civil claim against the person responsible for the abuse, but you have limited time. Your lawyer can help you make sure your case is filed on time so you get the closure you need.

While many victims wait a while before reporting abuse, some people end up waiting too long, and they lose their right to file a civil claim for the abuse. Exactly how much time you have depends on your age when the abuse occurred. For victims of childhood abuse, they have until they turn 40 to file a claim. Those who were adult victims have a much smaller amount of time, only 5 years. When these limits begin depends on when the last instance of abuse happened and whether you realized the abuse at that time.

Call our Oregon sexual abuse attorneys at The Law Office of Andrew Shubin at (814) 826-3586 and ask for a free review of your case to get started.

How Long Do Victims of Childhood Sexual Abuse Have to File Civil Lawsuits in Oregon?

The law tends to apply differently to cases involving children, as they often cannot initiate legal action on their own and might be held back from doing by their abuser (especially if that is a parent). According to the statute of limitations in Oregon under Or. Rev. Stat. § 12.117, people who were victims of childhood sexual abuse have until the age of 40 to file civil claims for the abuse. However, you might have even longer, depending on when you realize the abuse.

Many victims of sexual abuse, especially childhood abuse, block out painful memories or otherwise do not fully remember what happened to them until much later when the memories come flooding back. Some victims were so young when they were abused that they have no memories of it until someone informs them of it later. In such cases, the potential plaintiff may have 5 years from the date they discovered or realized they were sexually abused. This may apply if you are outside the normal limitation period, thus extending your time limit.

If you did not remember or realize the abuse until recently, our Oregon sexual abuse attorneys will need to include this information in the initial complaint. This way, the court knows why we need the statute of limitations tolled, and your case is less likely to be dismissed.

Filing Civil Claims for Sexual Abuse Experienced in Adulthood in Oregon

Adults may also be victims of sexual abuse, although it often happens differently than cases involving minors. While minors are sometimes abused by adult authority figures, adults may be abused by trusted friends, colleagues, or partners. Many adult victims of sexual abuse are vulnerable adults who might be older or disabled and cannot defend themselves from abuse.

According to the statute of limitations for adult cases under § 12.118, plaintiffs have only 5 years from the date of the abuse or the date of discovery, whichever is longer. This is a very short time limit, and speaking to an attorney about your case right away is important. If you have not done so already, you should also report the abuse to the police.

Reporting abuse as an adult has its fair share of difficulties. Many people fear reporting the abuser because they are their boss or superior at work. The abuser might be someone in their friend group who is well-liked by others, and the victim fears being ostracized from their social circles or losing friends.

What to Do if You Do Not Realize Sexual Abuse Until Later in Oregon?

It might seem strange to say, but many victims of abuse do not recall the abuse until years after it first happened. There are lots of reasons why someone might not realize they were abused, and you should speak to an attorney if you suspect you were the victim of abuse at some point. Fortunately, the discovery rule may help people who cannot remember the abuse file civil claims without running afoul of the statute of limitations.

Sexual abuse is extremely traumatic, and people often block out or repress traumatic memories. As such, many people grow up never realizing they suffered childhood sexual abuse until something or someone inadvertently triggers their memories. This is why victims who cannot remember the abuse may toll the statute of limitations so that it begins when they realize the abuse.

If you could not remember abuse before suddenly remembering everything, it might be wise to meet with a mental health professional. They might be able to help you understand why you could not remember the abuse, what triggered your memory, and whether there is anything else you might have forgotten.

Common Problems in Sexual Abuse Cases in Oregon Where Victims Waited to Report the Abuse

The statute of limitations might give victims a few years to file their claims, but this is often insufficient. Even victims of childhood abuse who have until age 40 might run out of time. It is common for victims to wait well into their 50s before telling anyone they were abused.

One of the biggest drawbacks to waiting is the loss of evidence. Abusers often take steps to cover up their actions, so evidence might be hard to find even when abuse is reported immediately. When victims wait, even if they have good reasons for doing so, important evidence will likely disappear.

Another possibility is that the perpetrator of the abuse might pass away. Responsible institutions, like schools, churches, or kids’ sports leagues, might close down. If this happens, nobody might be left to hold responsible, and justice might be out of reach.

This does not mean you cannot file a claim if you waited to come forward. Strong cases have been built on scant evidence. Other victims might come forward and corroborate your story. There might be people from back when the abuse occurred who know sometimes. For example, if you were abused at school, other administrators or teachers might know something about the abuse but were too afraid to say anything way back when. As long as you are within the statute of limitations, you may file.