If you’re based in Oregon and looking for legal assistance in relation to child sexual abuse, choose Herron Law.
With 28 years of personal injury experience, the legal experts at Herron Law will help you understand what to do following a case of child sexual abuse and how we can help.
This page is for general informational purposes only and does not constitute legal advice. Laws and filing deadlines can change, and the correct approach depends on the facts of each case.
With nearly 30 years of experience across Oregon courts, Herron Law helps survivors and families pursue civil claims involving child sexual abuse and related personal injury matters.
In addition to child sexual abuse and assault claims, we also handle related personal injury matters, including child injury, assault and sexual abuse, and catastrophic injuries.
At Herron Law:
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Victims of child sexual abuse have important legal rights throughout the criminal justice process. Some rights apply automatically, while others may need to be requested through the local District Attorney’s office or Juvenile Department. These rights may include:
Victims also have the right to confer with the prosecutor, request reasonable protection from the defendant, and seek restitution for financial losses related to the crime.
Oregon provides access to victim advocates who can explain the legal process, help with safety planning, and assist in applying for Crime Victims’ Compensation benefits.
Child victims can receive additional protection, including trauma-informed forensic interviews conducted by specially trained professionals and coordinated services through child advocacy centers to minimize repeated interviews and reduce further trauma during the investigation and prosecution.
Communications with an attorney about child abuse are generally protected by the attorney-client privilege when made for the purpose of seeking legal advice.
Oregon law also includes mandatory child abuse reporting rules for certain public and private officials, including attorneys, with important exceptions for privileged communications and information learned during representation when disclosure would be detrimental to the client.
Because confidentiality and reporting obligations depend on the facts, anyone seeking advice about reporting child abuse, filing a civil lawsuit, or participating in a criminal case should speak with an experienced Oregon attorney about how those rules apply.
Survivors of child sexual abuse may be able to recover compensation through a civil lawsuit against the abuser or another responsible party, like an institution that failed to prevent or respond to the abuse.
Depending on the facts of the case, compensation might include medical expenses, counseling and therapy costs, lost income or diminished earning capacity, pain and suffering, emotional distress, and other damage resulting from the abuse.
In some cases, punitive damages can also be made available if the defendant’s conduct was especially egregious, subject to Oregon law. Every case is unique, and the amount and types of compensation available depend on the evidence, the parties involved, and the specific circumstances of the abuse.
Filing a civil lawsuit for child abuse typically begins with consulting an attorney to evaluate the facts, identify the responsible parties, and determine whether the claim is timely under Oregon law.
The attorney will investigate the case, gather evidence such as medical records, witness statements, and other documentation, and prepare a complaint to file in the appropriate court.
After the lawsuit is filed and served on the defendants, both sides exchange information during the discovery process, which may include document requests, written questions, and depositions.
Many cases are resolved through settlement negotiations or mediation; however, if no agreement is reached, the case proceeds to trial, where a judge or jury determines liability and awards any damages.
Herron Law plays a key role in providing clients with legal representation. Our lawyers also support victims who have been injured or traumatized due to an incident of child sexual abuse.
Our key responsibilities include:
Case Evaluations:
Investigation:
Expert Consultation:
Filing the Lawsuit:
Settlement Negotiation:
Herron Law’s attorneys advocate for you and your loved ones, striving to ensure justice is served and the responsible parties are held accountable.
By undertaking these responsibilities, our attorneys play a pivotal role in helping to navigate the complexities of the legal system during challenging times.
Their expertise not only aids in securing financial compensation but also in achieving a sense of justice and closure.
Criminal prosecutions and civil lawsuits for child abuse serve different purposes in Oregon. A criminal case is brought by the government to hold the offender accountable and might result in penalties such as imprisonment, probation, fines, or sex offender registration.
A civil lawsuit is filed by the survivor against the abuser or other responsible parties, like institutions whose negligence contributed to the abuse, to seek financial compensation for injuries and losses.
Criminal cases require proof beyond a reasonable doubt, while civil cases are generally decided under the lower ‘preponderance of the evidence’ standard. A civil claim might proceed regardless of whether criminal charges are filed, or a conviction is obtained, depending on the facts and applicable Oregon law.
Many child sexual abuse civil lawsuits are resolved through settlement negotiations or mediation without going to trial. Whether your case settles depends on factors such as the strength of the evidence, the parties involved, and whether a fair settlement can be reached.
If a settlement is not possible, your case may proceed to court, where a judge or jury will decide the outcome. Even if a lawsuit is filed, going to trial is not automatic, and many cases are resolved before reaching that stage.
An experienced Oregon attorney can help you evaluate settlement offers and prepare for court if litigation becomes necessary.
Liability in a child sexual abuse lawsuit is established by showing, by a preponderance of the evidence, that the defendant’s wrongful conduct caused the survivor’s injuries.
Evidence may include witness testimony, medical or psychological records, forensic evidence, admissions, criminal convictions, institutional records, expert testimony, and other relevant documentation.
When claims are brought against an organization, the plaintiff might also need to prove that the institution was negligent, like by failing to conduct proper background checks, supervise employees, respond to complaints, or protect children from foreseeable harm.
The evidence required depends on the specific facts and legal claims involved in the case.
There is no average settlement amount for child sexual abuse cases in Oregon. Settlement values vary significantly depending on the facts of each case, including the severity and duration of the abuse, the extent of the survivor’s physical and emotional injuries, the available evidence, the parties involved, and the insurance or financial resources available.
Because every case is unique, past settlements are not reliable predictors of future outcomes. An experienced Oregon firm like Herron Law can evaluate the specific circumstances of a case and guide the types of compensation that may be available.
At Herron Law, we are dedicated to our clients.
Our attorneys have received recognition from legal and professional organizations over the years. Our awards include:
In Oregon, institutions may be held liable if their negligence contributed to the abuse, such as failing to properly screen, supervise, investigate complaints, or protect children from foreseeable harm.
Ask about the attorney’s experience with child abuse cases, potential legal options, applicable deadlines, likely timeline, possible compensation, fees, and how they will protect your privacy throughout the process.
Historical child abuse can be reported to the local law enforcement agency where the abuse occurred or to the appropriate district attorney’s office. An attorney can also explain available criminal and civil legal options.
Portland offers support through child advocacy centers, nonprofit organizations, counseling providers, and victim assistance programs that provide support groups, counseling referrals, and resources for survivors and their families.
Under current Oregon law, a civil action based on child sexual abuse, or on conduct allowing, permitting, or encouraging child sexual abuse, may be commenced at any time. Other civil actions based on child abuse generally must be filed before the survivor turns 40, or within five years after discovering the causal connection between the abuse and the injury, whichever period is longer. Because deadlines can depend on the facts and claim type, legal advice is recommended.
Contact us today to schedule a free 30-minute consultation.
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Attorney Bart Herron is a veteran, was a licensed social worker responsible for running the children’s program in a domestic violence shelter, and a steering committee board member for the Joint Task Force for the Prevention of Child Abuse, all before becoming a trial attorney. He understands how to talk to jurors.