Oregon Sexual Assault Attorney

Sexual assault is an act of violence and a crime. More specifically, it can be described as any form of undesired sexual behavior. According to RAINN (Rape, Abuse & Incest National Network), approximately 433,648 sexual assaults occur each year in the United States. If you or a loved one were a victim of sexual assault here in the state of Oregon, Dwyer Williams Cherkoss Attorneys, PC can help. 

Our team of sexual assault attorneys comes with many years of experience. We are trauma-informed advocates who work closely with victims of sexual assault to ensure that all of the proper legal options are assessed and pursued after a sexual assault incident.

Sexual Assault Laws in Oregon

Every state has its own set of laws when it comes to sexual assault. Below are some of the important components of Oregon law that are essential to understand when dealing with a sexual assault case. 

Statute of Limitations 

• For rape in the first degree or sexual abuse in the first degree, prosecution against the perpetrator of this crime must commence within twelve years after commission of the offense. 
• For rape in the second or third degree or sexual abuse in the second degree, prosecution must commence within six years. 
• For sexual abuse in the third degree, prosecution must commence within four years. 
• For sexual misconduct, prosecution must commence within two years. 

Confidentiality Laws

There is no privilege for communications between a rape crisis counselor and a sexual assault victim. However, Or. Rev Stat. 409.273(2)(b) provides that all information relating to clients that is maintained by a sexual assault crisis center or crisis line be confidential. 

Or. Rev. Stat 40.230 states that a patient has a privilege to refuse to disclose and to prevent any other person from disclosing confidential communications made for the purposes of diagnosis or treatment of the patient’s mental or emotional condition among the patient, the patient’s psychotherapist or persons who are participating in the diagnosis of treatment under the direction of the psychotherapist, including members of the patient’s family. 

What Can You Sue For In A Sexual Assault Case?

When it comes to sexual assault cases, there are several things that a victim can sue for depending on the circumstances. It’s also important to note that sex crimes are punishable under both Oregon and federal law. In criminal cases, it will depend if the case is classified as a misdemeanor or a felony. 

A sexual assault victim can also pursue justice through a civil claim. Here are some of the things that a victim may be eligible to receive compensation for: 

• Pain and suffering. This includes physical, mental and emotional pain. 
• Medical expenses. Not only can a victim sue for any medical expenses that occurred due to the sexual assault, but ongoing treatment (such as counseling) may also be covered. 
• Loss of wages. If a victim was unable to work or lost a job due to the sexual assault incident, wages can be awarded as a part of the compensation. 

Punitive damages. These types of damages are often awarded to make an example of the guilty party to dissuade similar behaviors from others in the future.

Oregon sexual assault lawyers with experience in handling these difficult insurance issues could be instrumental in helping a victim recover their rightful compensation through the perpetrator’s insurance coverage.

Sex Abuse Penalties in Oregon

Oregon has several laws to protect the victims of sexual abuse and rape. Punishment for such crimes in Oregon vary depending on several factors, such as the nature of sexual abuse involved, the victim’s age, and whether the perpetrator of the crime held a position of authority.

Even though the burden of proof in a civil case is lower than in a criminal case, a criminal conviction does not guarantee that the victim will prevail in their civil claim.  Thus, regardless of the results of the criminal prosecution, the victim needs to seek the advice from an experienced civil sex abuse attorney in Oregon to determine whether they have standing in a civil claim, and if so, to maximize their recovery for the damages they have suffered.

3 Strikes Law in Oregon

Charges of rape or sexual assault are usually classified as a Measure 11 sentence, with an imprisonment ranging from 75 to 100 months in most cases.

However, in Oregon the “3 Strikes Law” is also applicable, whereby an offender convicted for the third time for a felony sexual offense could be imprisoned for life without parole.  Indeed, the Oregon legislature recently strengthened this law, allowing some offenders to be sentenced to life in prison after their second offense.

Apart from jail time, even a non-Measure 11 sexual offense in Oregon requires the convict to register as a sexual offender for the rest of their life. This could adversely impact their future employment and housing opportunities and create other socio-economic hurdles.  It also puts potential employers on notice that they may commit similar acts so that, if hired, the employer could potentially be held liable if the person does so while on the job.

What Compensation Can a Victim Collect in a Civil Case?

There are many potential civil claims a victim can make concerning sexual abuse they have suffered.  Some examples include civil child abuse laws, Oregon’s Abuse of Vulnerable Persons Act, civil assault, civil battery, intentional infliction of emotional distress, negligence, and so-on.  Assuming the victim can prove their case, they are entitled to damages for having suffered the sex abuse.

Damages can include past and future medical expenses, past and future counseling expenses, past and future wage loss, past and future impairment of earning capacity, lost employment benefits and noneconomic damages.  Noneconomic damages include things like pain, mental suffering, emotional distress, humiliation, anxiety, depression, post-traumatic stress disorder, insomnia, or any other interference with your normal daily life.

Only an experienced Oregon sex abuse attorney can accurately tell a victim whether they have a viable case under Oregon’s sex abuse laws, and if so, the reasonable value of their damages.  And only an Oregon sex abuse attorney who is willing to take that case to trial, if necessary, can get full compensation for the victim of sex abuse.

If I was sexually assaulted, at what point should I call a lawyer?

The best answer is, as soon as possible. Your statements to a potential lawyer are privileged and they can help you determine the best way to maintain the integrity of your case.

In criminal cases a lawyer from the District Attorney’s Office will prosecute the perpetrator, but a crime victim may also have a personal attorney appear on their behalf during the criminal case to assert their rights as a crime victim. In Oregon, crime victims have constitutional rights.  Many of these rights go into effect automatically, while others must be requested through your local District Attorney’s office or Juvenile Department.  Victims’ rights include the right to:

• play a meaningful role in the criminal or juvenile justice process.
• be treated with dignity and respect.
• receive fair and impartial treatment.
• receive reasonable protection from the offender.

For more information on Oregon Crime Victim Rights, see (the attached PDF.)

If you would like to have an attorney help you assert and enforce your rights in a criminal case, you can contact the Oregon Crime Victim Law Center or the National Crime Victim Law Institute.

In a civil case, for monetary compensation, you will need a personal injury attorney to represent you. Ethical, experienced lawyers who represent victims in civil suits for money damages do not charge money “up front” or work by the hour when representing survivors of sexual abuse. Generally, the survivor only pays the lawyer a portion of the damages recovered. The lawyer advances all of the costs and expenses involved in bringing the lawsuit, and is only repaid when there is a recovery. In the rare case where there is no recovery, the survivor owes nothing.