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Victims should know that no matter their age, gender, or sexual orientation, sexual abuse is never their fault.
If an organization like a medical office, a church, a nursing home, a school does not provide safe conditions, perform background checks, or ignore complaints of sexual assault, it can boost the chances that these devastating criminal acts can occur again and again.
Common health issues are often as follow:
Victims of sexual abuse suffer a lifetime of emotional, psychological, physical pain.
Serious sexual abuse victims will require years of intensive psychiatric therapy and sometimes inpatient hospitalization to help them heal from their horrific abuse.
It is estimated that the mount of past and future medical bills will go over $120,000 per victim.
Sexually abused females are more likely to experience different forms of violence and additional sexual violence.
When you are considering hiring a sex abuse and sexual assault attorney for any Oregon case, don’t delay, because time is running out as we skeak:
For Oregon Courts and most cases:
Assault and Battery – 2 years from the incident date.
When any type of sexual abuse, such as rape, sodomy, or sexual assault, has taken place, our firm will aggressively pursue those responsible to compensate you for any medical costs you may have endured, in addition to recovery for the pain and suffering you have gone through with this traumatic experience.
When You Have Been Sexually Abused in Portland, you need help from our legal team at The Herron Law Firm with extensive skills and 22 years of experience in sexual abuse, sexual assault, sexual harassment cases.
Our results secure financial security for our clients as well as a sense of emotional closure.
Time Might Be Limited. Don’t Delay!
FOR DOCTORS:
If You are a doctor or a practicing medical professional and would like to refer a case to our attorney, please reach out directly by phone 24/7 at 503-367-0829.
FOR LAWYERS:
If You are an attorney and would like to refer a case to our attorney Bart Herron, please reach out directly by phone 24/7 at 503-367-0829.
2. Call 911.
3. Go to the emergency room.
Police and Medical staff will collect evidence the sex offender may have left behind.
5. Contact Sexual Assault Victims Emergency Fund for help with financial assistance.
6. Ask your treating physician to refer you to a rape crisis center
7. Seek treatment or consultation with a rape counselor
7. Tell your friends or family about what had happened. Don’t handle it alone, seep support and help.
8. Contact experienced legal counsel at Herron Law Firm at 503-699-6496 if you decide to prosecute the offender. Let the perpetrator know he will not do it again to anyone else.
Helping the Victims of Sexual Abuse in Portland and all over Oregon Questions? Please contact The Herron Law Firm today.
The statute of limitations and legal deadlines for filing a sexual abuse claims are very complicated in Oregon.
What will be considered:
It is a complicated situation and if you think this may apply to you, please call The Herron Law Firm today.
Note: Government employee or agency is involved in the abuse, the victim has a short deadline to file a Tort Claim Notice under the laws of Oregon. This is generally within six months of the date of the abuse for an adult and 270 days from the date of the incident for a child. The notice must contain certain information and needs to be received by certain parties by the deadline, or the claim will be rejected. Further, the date in which to file a claim against the government or government employee is often shorter than that when you file against people who do not work for the government.
Research indicates that 90% of survivors recover from the traumatic event. This means their PTSD symptoms dissipate as time goes by. Some people recover more quickly than others. One theory is that people who recover faster do not ‘avoid’ dealing with the abuse or assault. They do not avoid talking or thinking about it. Avoidance is what can prolong PTSD-like symptoms.
Sexual abuse is traumatic for the victim. It is normal for you to experience symptoms of trauma in the weeks after sexual assault or abuse. This is normal, and you can recover from it, so please keep this in mind!
Also know that 94% of women who were raped experience PTSD in the two weeks after the sexual abuse or assault. This is a normal reaction to fear, feeling a loss of control and vulnerability that you feel after such a shocking event. Common symptoms in the weeks after the episode are:
The relationship you had with the person who assaulted or abused you before the event may affect the intensity and frequency of the stress and anxiety you feel in the weeks after the assault. Generally, the closer you are to the person, the more likely that trauma will seriously affect you.
A recent survey found that 85% of sex abuse survivors who were assaulted by a spouse or intimate partner were likely to have psychological distress and difficulties at school and work. Approximately 80% of survivors who were abused by a family member acquaintance or close friend felt distressed. Approximately 67% of sex abuse survivors who were assaulted by a stranger felt significant distress.
When To Get Treatment
It is recommended by psychologists that you get treatment as soon as possible. Survivors who get mental health help fastest tend to have shorter treatment time, faster recovery, and less time missing out on the pleasures of life.
Clinically, the level of distress and suffering the survivor experiences is reduced when the person gets treatment sooner. This can be hard to understand if you have never felt severe depression, anxiety, anger, or irritability. Getting treatment quickly also can head off other problems, such as drug and alcohol abuse, suicide, and trouble working and going to school.
The bottom line is that sexual abuse and assault is a serious trauma, and it will affect you mentally and physically. But most people do recover with time, and those who recover the fastest seek mental health assistance. Also, they do not avoid dealing with the trauma, talking about it with trusted family and friends.
Helping the Victims of Sexual Abuse in Portland and all over Oregon Questions? Please contact The Herron Law Firm today.
If you believe you have been sexually abused or sexually assaulted, the criminal justice system in Oregon will engage in a wide range of activities, including investigating the alleged crime and possibly going to trial to determine guilt or innocence. The criminal justice system process can be overwhelming when you are going through this difficult time; there are many different moving parts and players. But understanding the major aspects of what the police and courts will do can help you feel less stressed and more prepared.
Criminal Investigation
After you make the initial report to the police, you can decide whether or not you want to move forward with a criminal investigation. This is known as pressing charges. In some cases, the decision to press charges in a sexual abuse or assault case may rest with the state of Oregon or the local jurisdiction. In some cases, the prosecutor may decide to press charges based only on the evidence, even if you decide to not be involved in the criminal case.
Law Enforcement May or May Not Press Charges
If law enforcement or the prosecutor thinks they do not have enough evidence for a conviction, they may not press charges. They could have seen roadblocks in the case because of a lack of evidence, inability to find the accused, or other factors. It can be hard for a sex assault victim to hear, but this does not mean you were not assaulted. Keep in mind that out of 1,000 cases of rape, only 13 on average are sent to a prosecutor, and only seven lead to a conviction. No matter what the outcome is of your case, reporting the assault boosts the chance that the accused will face consequences.
You May Be Able to File a Civil Lawsuit in Lieu of Criminal Case
Remember that even if the criminal case does not proceed, you can file a civil lawsuit seeking damages for your pain and suffering and mental anguish. You can turn to The Herron Law Firm in this difficult time and we can help you determine if a civil lawsuit could be productive in your situation.
When Charges Are Pressed
Now that charges have been pressed, the criminal case can proceed. Note that many sexual assault cases end in a plea bargain. A plea bargain is a legal agreement between the prosecutor and your attorney where the perpetrator agrees to say he is guilty in return for a reduced sentence or lesser penalty. You do not need to testify for a plea bargain to take place.
If your case goes to trial, it will be in criminal court. Generally, you are required to testify. There are state and federal laws that are intended to protect sexual assault survivors who testify in court. For example, there is a rape shield law that limits what the defense can ask about your previous sexual history.
Testifying
Testifying in a sexual assault case can be stressful. It is vital to talk about any concerns you have with your attorneys. You may be able to rely on a local sexual assault service provider to help you with support during the trial so it is not as intimidating.
Always remember that your attorney is your primary advocate and protector during this process. If you feel you need access to more help and resources to get through the criminal case, make you let your attorney know.
If you are a victim of sexual assault or sexual abuse, there can be both a criminal and civil case against the perpetrator. The criminal case is handled by the prosecutor and the end result could be jail time, fines, and more for the perpetrator.
Regardless of the result of the criminal case, you also can file a civil lawsuit against the person who assaulted or abused you. If The Herron Law Firm decides to take your case, we will investigate the claim, talk to possible witnesses, verify the perpetrator’s assets, talk to your therapist, and more.
We may send a letter to the person who allegedly assaulted you. We will explain the facts of the case, the legal basis for the civil lawsuit, and tell the perpetrator that a jury could award you substantial damages. We may encourage the perpetrator to avoid a lawsuit by responding to the letter and not contact you.
In many cases, this is the start of the settlement negotiation process. We could provide mental health services bills to document the money that you have spent on therapy, as well as a letter from your psychologist about how much more therapy you will need. The perpetrator and his lawyer could provide financial data to determine what a reasonable settlement could be.
If the case does not settle, we will file a lawsuit. The perpetrator will probably get an attorney and then the discovery process will start. You could be asked to respond to questions or show records of your psychologist bills. We will try to shield some of your records that are irrelevant to the case, such as your previous sexual history.
There also could be a deposition taken. The accused’s attorney will ask you questions that you must answer under oath. The court reporter will write down your answers. As your attorney, we will be there to protect you if the other lawyer asks questions that are inappropriate or harass you. We will stop the deposition at any time if we feel it is upsetting you for no purpose.
You also may need to be involved in an independent medical examination. This is where the defense chooses a psychologist to examine you. You can record the conversation and you do not have to answer questions that you think are out of line.
If the case has not settled at this point, we will take the case to trial. The good news is most sexual assault and abuse cases do not go this far. We will do our best to get the case settled so you do not need to experience the stress of a trial. But you will need to be ready for a trial when a lot of your story is going to be told.
No one who has been sexually assaulted wants to go through a trial. It’s stressful. You could hear things said about you that are not true. But remember, The Herron Law Firm will be with you every step of the way and reduce the stress of the experience as much as we can.
When any type of sexual abuse, such as rape, sodomy, or sexual assault, has taken place, our firm will aggressively pursue those responsible to compensate you for any medical costs you may have endured, in addition to recovery for the pain and suffering you have gone through with this traumatic experience.
As noted earlier, the perpetrator of sexual abuse or sexual assault in Oregon faces two types of consequences – civil and criminal.
Criminal Case
On the criminal side, if convicted of sexual abuse or sexual assault in Oregon, the perpetrator will face consequences. The sentence depends on the nature of the crime and the age of the plaintiff. Whatever the sentence, the convicted person will have serious punishments to deal with, and they also will have a misdemeanor or felony conviction on their record. Those consequences will hopefully teach him a harsh lesson.
For example, engaging in sex with someone under 12 in Oregon has a sentence of up to 20 years in prison and up to $375,000 in fines. Having sex with a person under 18 has a sentence of up to 30 days in jail and up to $1250 in fines.
The minimum penalty for purchasing sex with a minor are 30 days in prison, completion of a counseling program and a fine of $10,000. The court also can designate the person as a sex criminal. If he has further convictions, he could get a fine of $20,000 and more time in prison.
There also is a 3 Strikes law in Oregon. If a sex offender is convicted for the third time for a felony sexual offense, he could be put in prison for life without parole. The Oregon legislature recently strengthened this law so that some sex offenders could get life in prison after only two offenses.
Also, if the person is convicted of rape or sexual assault, he is required to register as a sex offender for life. This will have a serious impact on his ability to get a job and rent an apartment or buy a home.
It also puts potential employers on notice that they could commit such crimes. The employer could be held liable if such an offense occurred on the job, so they are less likely to hire him.
In summary, the perpetrator will face harsh civil and criminal consequences for their sexual assault or abuse. Hopefully, he will learn his lesson and never subject another person to such a terrible crime.
Civil Case
In a civil lawsuit, the abuse victim can demand compensation for the damages they have incurred, including medical costs, pain and suffering, mental anguish, inability to enjoy life, and more.
Whether or not the perpetrator will end up paying you those damages depends on the assets they have. The Herron Law Firm can determine the assets the perpetrator has and ensure that you get as much compensation as possible from him.
In a case where the perpetrator does not have assets, his wages could be garnished overtime to pay you what you are owed. While that is not an ideal solution for you, it does serve as harsh punishment for the person to have a chunk of their wages taken from them every month for their wrongdoing.
The Herron Law Firm is open 24/7. It will only take 9 seconds to dial for help! Call or Text 503-367-0829.
At The Herron Law Firm, we understand the emotional pain you or your loved one may be going through because of any sex abuse you may have suffered. Our legal team has the compassionate and dedicated attorneys you need to pursue justice on your behalf. With experience as a former social worker and a B.A. in Clinical Psychology, Attorney Bartley E. Herron knows how to deal with the difficulties you are facing.
Child sexual abuse is a serious crime in Oregon. It is a crime that has a devastating impact on the entire family. In most states, including Oregon, child crimes include sexual abuse, physical abuse, exploitation, and neglect. Oregon Revised Statute 419B.005 applies to all children and crimes against them.
According to state law, the following crimes are defined as child sexual abuse:
Criminal Penalties for Child Sex Abuse
The following crimes are Class A felonies and can be punished by 20 years in prison and a maximum $250,000 fine:
The following are Class B felonies in Oregon and can be punished by up to 10 years in prison and a maximum $250,000 fine:
The following are Class C felonies and can be punished by up to five years in prison and a maximum $125,000 fine:
Civil Lawsuits For Child Sex Abuse in Oregon
As with many crimes, there can be both a criminal and civil process that is intended to punish the alleged perpetrator. In the criminal case, the state or county prosecutor charges the criminal with the sex crime and attempts to prove in court that the defendant is guilty beyond a reasonable doubt. If convicted, the defendant can be punished to the above sentences in Oregon.
However, if you are a victim of child sex abuse, you also can file a civil lawsuit for damages that were done to you as a result of the crime. The purpose of a civil lawsuit is to obtain compensation from the defendant for their illegal actions.
One of the advantages of a civil lawsuit is that the burden of proof is lower than for a criminal case. A civil sex abuse lawsuit only requires the plaintiff to prove that a preponderance of the evidence shows the defendant wronged you. If the judge or jury finds in your favor, you may be able to collect damages from the defendant. The case also can settle before a trial so there is a possibility of obtaining compensation without going to court.
If you are a victim of child sex abuse and are still a minor, you and your parents or guardians may benefit from speaking to The Herron Law Firm today. We may be able to help you obtain compensation for your pain and suffering, mental anguish, and other damages.
States are increasingly passing legislation that allows adults to bring civil claims for childhood sexual abuse against their abusers and institutions in which they were employed. In some states, such as New York, the alleged victim can file a lawsuit against the accused when the victim is as old as 55.
The flood of civil lawsuits claiming childhood sexual abuse is bringing about predictable insurance coverage disputes. Many institutions have filed lawsuits against insurance companies seeking coverage and payment for legal costs in sexual abuse lawsuits.
Insurance coverage depends on the facts and allegations of the specific cases, the language of the insurance policy, and state law. Alleged victims and policyholders need to be aware of several considerations and best practices to ensure maximum coverage in child sexual abuse cases.
The first step is to find all insurance policies that were held during the alleged period of abuse. Alleged sexual abuse that goes back 50 years or more is common. Insurance coverage can be triggered by any bodily injury that occurred due to sexual abuse during the period of the insurance policy.
The second step is to give notice of a claim as soon as possible. Giving written notice of a claim involving the relevant insurance policy is vital to obtain compensation in insurance recovery. Insurance disputes can arise about whether the notice is timely. This can occur when an institution seeking coverage is alleged to have known about the abuse before filing a lawsuit.
The institution may not have had knowledge about the sexual abuse until the legal case was filed. The timeliness of the notice of claims sent to an insurance company is often a sticking point in these cases.
The third step is to hire a lost insurance policy expert and obtain legal counsel with experience in finding old insurance policies. The Herron Law Firm is skilled in negotiating these complex sexual abuse insurance cases, so be sure to contact us for help.
The Herron Law Firm can help you determine what insurance coverage is available for a potential lawsuit. Please contact us for a complimentary Free Consultation right away. The time might be limited, don’t’ delay!
The fourth step is to trigger as many insurance policies as possible. Because insurance limits were often much lower 40 or 50 years ago, it is vital to trigger as many policies as you can for the alleged sexual abuse.
Triggering several policies with several sexual abuse occurrences over many years increases the insurance obligation. It also increases your potential insurance recovery. The number of sexual abuse events and insurance policy triggers in these cases is an open matter in most jurisdictions across the US. The trigger and number of sexual abuse occurrence rules in a certain jurisdiction should be considered when deciding where you are going to file a child sex abuse coverage lawsuit.
The fifth step is to decide the best venue in which to file a lawsuit for coverage. Where the lawsuit is filed will affect coverage limits to a large degree.
If anything, the occurrence of sexual abuse lawsuits and coverage disputes is only going to rise in the future. There is more public pressure on several state legislatures to lift the statute of limitations to file sexual abuse lawsuits.
If you believe you were a victim of childhood sexual abuse, please do not think that it is too long ago to file suit and seek compensation. Contact The Herron Law Firm and we will determine if the case has the possibility of financial recovery.
