If you’re based in Oregon and looking for legal assistance in relation to injury or 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 assault or 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.
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Table of Contents:
Why Choose Herron Law?
With nearly 30 years of personal injury experience across Oregon courts, Herron Law helps clients pursue civil claims involving assault, sexual abuse, and related personal injury matters.
As well as sexual abuse and assault claims, we also handle related personal injury matters, including child injury, child sexual abuse, and catastrophic injuries.
At Herron Law:
- Our lead attorney, Bart Herron, brings decades of experience representing victims in Oregon.
- We offer 100% free consultations.
- We won’t charge a fee until you win.
Still not sure? See what our 2,000+ other clients have had to say about our service.
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How Common is Sexual Assault and Abuse in Oregon?
Sexual assault and abuse are significant concerns in Oregon and affect people of all ages, genders, and backgrounds. These experiences are more common than official reports alone can indicate.
Many incidents are never reported to law enforcement or other services. Survivors can choose not to report for reasons like fear, shame, concerns about not being believed, or uncertainty about what will happen after making a report.
Confidentiality surveys generally provide a broader picture because they include experiences that may never have come to the attention of authorities.
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What Constitutes Sexual Abuse Under Oregon Law?
Under Oregon criminal law, sexual abuse generally involves sexual contact or sexual activity without legally valid consent. The specific offense depends on what occurred and factors such as the person’s age, ability to consent, and whether force or coercion was involved.
Oregon law defines sexual contact broadly as intentionally touching another’s sexual or intimate areas, or causing the other person to touch the actor’s, when done to arouse or gratify sexual desire. This can occur through clothing, too.
Conduct may constitute sexual abuse when:
- A person does not consent to sexual contact or sexual activity.
- The person is legally incapable of consenting because of age.
- The person cannot consent because they are mentally incapacitated, have a qualifying mental condition, or are physically helpless.
- Sexual contact is accomplished through force or forcible compulsion.
- The victim is under 14, which can elevate sexual contact to first-degree sexual abuse.
- Nonconsensual intercourse or penetration occurs; depending on the circumstances, this may also fall under Oregon’s rape, sodomy, or unlawful-sexual-penetration laws.
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What Are the Victim’s Rights in Oregon Sexual Assault Cases?
Survivors of sexual assault in Oregon have constitutional and statutory rights throughout a criminal or juvenile case.
Some apply automatically, while others must be specifically requested through the district attorney’s office or juvenile department.
Key rights include:
- Dignity, respect, and fair treatment, along with reasonable protection from the accused or convicted person.
- Notice of court proceedings, when requested, and the right to attend critical stages held in open court.
- A voice in the case, including the right to speak about safety at a pretrial-release hearing and to give a statement at sentencing.
- Consultation about plea negotiations upon request, when the case involves a felony sexual offense. The prosecutor must consider the victim’s views, although the victim does not control charging or plea decisions.
- The right to refuse interviews or discovery requests from the defense. A survivor does not have to speak privately with the defendant, defense attorney, or defense investigator merely because they ask.
- Information about the outcome and offender, including the conviction, sentence, imprisonment, criminal history, and future release when requested.
- Restitution for qualifying financial losses caused by the crime, such as medical or counseling expenses, lost income, or damaged property.
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What Are the Steps Involved in Filing a Civil Lawsuit for Sexual Assault?
Filing a civil lawsuit over sexual assault generally involves the following steps:
- Speak with a civil attorney: Lawyers can evaluate possible claims, identify everyone who may be legally responsible, and explain the risks of litigation. Potential defendants include the person who committed the assault and, in some cases, an employer, school, organization, property owner, or other institution that may be considered at fault.
- Check the filing deadline: Oregon changed its law in 2025 to prospectively eliminate the statute of limitations for certain civil claims based on sexual assault or child sexual abuse. The change does not necessarily revive every claim that had already expired, and other claims or defendants could still be subject to deadlines, notice rules, or statutes of repose. Claims involving a public body can have especially short notice requirements.
- Gather evidence: Relevant materials include medical or counselling records, messages, emails, photographs, journal entries, police reports, workplace or school records, witness information, and documents showing financial losses. A criminal conviction is not required to bring a civil case.
- Identify the legal claims and damages: Possible claims include assault, battery, intentional infliction of emotional distress, negligence, or claims against an institution that enabled or failed to prevent the conduct. A plaintiff can seek compensation for medical and counseling costs, lost income, emotional harm, reduced quality of life, and other losses. Punitive damages may be available in some cases, but special Oregon procedures apply.
- Prepare and file a complaint: The complaint describes the parties, the conduct alleged, the legal claims, and the relief requested. It is usually filed in the appropriate Oregon circuit court, along with a filing fee or a request to defer or waive the fee. Oregon permits unrepresented parties to file in person, by mail, or electronically, although statewide forms are not available for every type of civil case.
- Formally serve the defendant: After filing, the summons and complaint must be legally delivered to each defendant under Oregon’s service rules. The plaintiff generally cannot personally serve the papers. Proof of service must then be filed with the court.
- Receive the defendant’s response: The defendant can file an answer denying the allegations, raise legal defenses, or ask the court to dismiss some or all of the case.
- Proceed through discovery: Both sides can request documents, submit written questions, interview witnesses under oath in depositions, and obtain expert opinions. The survivor can be asked about highly personal matters, although Oregon evidence rules and protective orders can sometimes limit irrelevant, harassing, or unnecessarily intrusive requests.
- Consider settlement or mediation: Many civil cases are resolved through a negotiated settlement. A settlement may include financial compensation, confidentiality provisions, policy changes, or other agreed-upon terms. The plaintiff retains the right to reject an offer and proceed toward trial.
- Go to trial if the case does not settle: The plaintiff must prove the civil claims by the applicable civil standard, which is generally lower than the criminal standard of proof beyond a reasonable doubt. A judge or jury determines liability and damages.
A civil lawsuit is separate from a criminal prosecution. The survivor controls whether to bring the civil claim.
The case can sometimes proceed even when no criminal charges were filed or when a criminal case did not result in a conviction.
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Ways Herron Law Can Help
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 the misconduct of another party in relation to an assault or sexual abuse incident.
Our key responsibilities include:
Case Evaluations:
- Free Initial Consultation: Your sexual abuse attorney will offer a free 30-minute consultation to understand the case details and determine its validity.
- Legal Advice: Herron Law will offer legal advice on the merits of a case, potential outcomes, and the steps involved in pursuing legal action.
Investigation:
- Gathering Evidence: Our attorney gathers evidence, including medical records, witness statements, and any other documentation that can help prove wrongdoing by the third party involved.
Expert Consultation:
- Working with Specialists: If needed, one of our attorneys will consult with medical professionals to strengthen your case.
Filing the Lawsuit:
- Preparation of Legal Documents: The sexual abuse attorney prepares and files the necessary legal documents to begin any claims.
- Court Representation: If a trial is necessary, the attorney will represent you, presenting any evidence and arguing the case before a judge.
Settlement Negotiation:
- Negotiating with Defendants: If defendants are involved in your claim, we will negotiate with them, their insurers, or their representatives to pursue a fair, lawful settlement.
Fighting for you:
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.
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What Are the Confidentiality Rules for Talking to a Sexual Abuse Lawyer?
Conversations about sexual abuse with a lawyer are generally considered confidential, including an initial consultation before you formally hire a lawyer.
Attorney-client privilege protects confidential communications made for the purpose of obtaining legal advice.
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What Are the Types of Civil Action for Sexual Abuse and Assault?
A civil case arising from sexual abuse or assault may involve several types of claims.
The available claims depend on what happened, the survivor’s age, the relationship between the parties, and whether an institution contributed to the harm.
Common claims include:
- Battery: Intentional, harmful, or offensive physical contact, including nonconsensual sexual touching.
- Assault: Intentionally causing someone to reasonably fear imminent harmful or offensive contact. Physical contact isn’t always required.
- Intentional infliction of emotional distress: Extreme or outrageous conduct that intentionally causes severe emotional distress.
- Negligence: Failure to provide reasonable care, resulting in foreseeable harm.
- Negligent hiring, supervision, or retention: A claim against an employer or organization that knew, or should have known, that an employee or representative posed a risk.
- Premises liability or negligent security claims: Possible when a property owner failed to take reasonable safety measures against a foreseeable assault.
- Professional negligence: Possible when the misconduct occurred in a medical, therapeutic, educational, caregiving, or similar professional setting.
- Civil claims for abuse of a vulnerable person: Oregon law provides remedies for qualifying older adults and people with disabilities.
- Wrongful death: Possible when abuse or assault causes or contributes to a person’s death.
- Civil-rights, discrimination, or harassment claims: These may apply when sexual misconduct occurs in employment, education, housing, or services and violates a specific state or federal law.
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How is Liability Proven in a Sexual Abuse Lawsuit?
Liability is usually proven by a preponderance of the evidence, showing the claim is more likely true than not.
Evidence may include testimony, messages, medical records, witnesses, and expert opinions.
Claims against institutions also require proof that their negligence contributed to the harm. Punitive damages require clear and convincing evidence.
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What is the Average Settlement for Sexual Abuse Civil Cases in Oregon?
Most agreements are confidential, and case values vary wildly.
Compensation depends on the harm, available evidence, treatment costs, lost income, defendant’s conduct, institutional responsibility, insurance coverage, and ability to pay.
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Awards & Associations
At Herron Law, we are dedicated to our clients.
Bart Herron has been listed by professional attorney organizations, including The National Trial Lawyers.
Our other awards include:
- 2015 Premier Trial 100 Attorneys Oregon, by the American Academy of Trial Attorneys.
- Oregon’s 10 Best Client Satisfaction Award, by the American Institute of DUI/DWI Attorneys.
Frequently Asked Questions (FAQs)
A criminal case is prosecuted by the government to punish unlawful conduct, requiring proof beyond a reasonable doubt. A civil case is brought by the survivor for compensation or other remedies, usually under the lower preponderance-of-the-evidence standard in Oregon courts.
Ask about the lawyer’s experience with Oregon sexual-abuse claims, applicable deadlines, likely defendants, evidence needed, privacy protections, fees, litigation risks, settlement strategy, expected client involvement, communication practices, and whether criminal proceedings or reporting obligations could affect the civil case directly.
A worker can report harassment internally, preserve evidence, file a complaint with BOLI or the EEOC, or pursue a lawsuit. Available remedies may include corrective action, reinstatement, back pay, counseling costs, emotional-distress damages, attorney fees, and punitive damages.
Portland-area survivors can obtain confidential advocacy and referrals through Call to Safety and Multnomah County services. SARC Oregon also provides advocacy, workshops, and survivor groups in the metropolitan area. Offerings and eligibility change, so contact providers for current schedules.
Oregon allows qualifying actions based on sexual assault or child sexual abuse to be filed at any time prospectively. Claims that expired before the 2025 change may not be revived. Different deadlines and notice rules can apply to other claims.
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Learn More with Herron Law
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