Sexual Abuse and Sexual Assault

A civil sexual-abuse or sexual-assault claim is a survivor-initiated lawsuit for damages. It is independent of any criminal case. A survivor can pursue a civil claim whether or not criminal charges were ever filed, whether the case was prosecuted successfully, and even when the statute of limitations on criminal prosecution has passed. The standard of proof in a civil case is lower than in a criminal case — preponderance of the evidence rather than beyond a reasonable doubt.

The decision to bring a civil claim is entirely the survivor's. Some survivors want public accountability. Some want financial recovery for therapy and lost capacity. Some want to establish a record that might protect others. Many want a combination of these. Representation begins with understanding what the client wants and building a strategy that fits.

Many civil sexual-abuse cases are brought not only against the individual abuser but also against institutions — schools, religious organizations, youth programs, workplaces, sports organizations, correctional facilities — that knew or should have known about the risk and failed to act, or that actively concealed the abuse. Institutional defendants often have the resources and insurance that make meaningful recovery possible.

Proving institutional liability typically involves showing that the institution had notice (actual or constructive) of prior concerns about the abuser, that it failed to investigate or report, that it failed to remove the abuser or supervise contact, or that its training and reporting systems were inadequate. These cases often reveal patterns across multiple survivors that strengthen each individual claim.

Oregon has significantly extended the time survivors have to bring civil claims for sexual abuse, particularly for abuse that occurred in childhood. The applicable deadline depends on the survivor's age at the time of the abuse, when the survivor discovered the causal connection between the abuse and their injuries, and the specific claims involved. These rules are complex and have evolved over the past two decades.

The short version: it is almost always worth consulting an attorney before assuming your claim is time-barred. Many survivors who believe their window has closed still have viable claims under Oregon's extended rules. Consultation is confidential and carries no obligation.

The first step is a confidential conversation. What you share in a consultation is protected regardless of whether you hire the firm. You decide the pace, what to say, and what to hold back. No action is taken on your case without your explicit direction.

When a case moves forward, discovery involves documents and testimony — a process that can be difficult. Representation includes preparing the survivor for what depositions and testimony will involve, coordinating with trauma-informed therapists, and structuring the case so the survivor's wellbeing is protected throughout.

Damages in civil sexual-abuse cases typically include past and future therapy costs, lost wages and diminished earning capacity where the abuse has affected the survivor's ability to work, pain and suffering, emotional distress, and — in cases of clearly egregious conduct by an institution — punitive damages. Oregon's rules on non-economic damages and punitive damages have specific features that affect case valuation.

Settlements in these cases are sometimes preferred by survivors who do not want to testify publicly; other survivors specifically want their day in court. Both paths are available, and representation is built around the survivor's chosen direction.

These cases are handled with an emphasis on confidentiality at every stage. Protective orders in litigation can seal filings and limit who has access to the survivor's identity. Mediations and settlement negotiations can be structured to include confidentiality provisions acceptable to the survivor. Oregon's Workplace Fairness Act limits the ability of employers to force silence through NDAs, which matters when workplace sexual abuse is involved.

If you are considering whether to pursue a civil claim, or if you have questions about whether your situation supports a claim, reach out. Consultations are free and confidential, and no step is taken without your direction.