Of all serious crimes, sexual assaults are the most under-reported. Survivors might feel reluctant to divulge the crimes for many reasons, such as embarrassment, fear of retribution, or the belief that law enforcement will not support them. Sexual abuse can take a tremendous toll on victims, who are left to endure mental trauma and physical injury, which could last a lifetime. This may lead to depression, anxiety, low self-esteem, substance abuse, and even suicide attempts. I advocate for sexual abuse survivors to ensure they feel supported and empowered to seek justice free of shame or fear.
This is a wide-ranging topic that could justify its own website. Generally, though, sex abuse can devastate the survivor. If a sexual assault or rape victim chooses to report the abuse, they are often subjected to an invasive exam, or “rape kit,” at the hospital. If the abuser is formally prosecuted–which many cases are not for various reasons–the survivor might have to relive the experience and share the details with law enforcement, medical personnel, prosecutors, defense attorneys, judges and the jury. Many understandably forgo reporting to avoid this process or for fear of victim-blaming or the guilt and shame they might feel.
Sex abuse also causes many unseen, psychological injuries, such as PTSD, anxiety, stress and depression. Survivors sometimes turn to substance abuse or suffer from eating and sleep disorders and might experience flashbacks. Others might resort to self-harm or suicide.
Everyone responds to trauma differently, and the perpetrators of abuse can vary drastically. Some abusers are doctors, friends, romantic partners or spouses, family members or foster parents. Abusers often groom the victim to become enured to the abuse, thinking it’s normal or a special secret, and they can further manipulate that person in long-term or repeat abuse. This does not have to happen for it to leave its psychological mark on someone, though. A single inappropriate or unwelcomed touch can cause emotional injury.
Sexual Abuse FAQ Questions
Sex abuse is more than a serious criminal and public health problem, as it leaves an unbearable strain on the survivors. It is also far more common than one might think. A 2010 survey from the U.S. Centers for Disease Control and Prevention found that one in five women and one in 71 men have been raped at some point. Of all crimes, sexual assaults are the least reported, according to the U.S. Department of Justice. Only 28% were reported in 2012, compared to 56% in 2003. Victims might be reluctant to divulge the crime for various reasons, like shame, embarrassment, victim-blaming, fear of retribution or the belief that law enforcement will not be supportive.
Sex abuse is the non-consensual touching of the sexual or other intimate parts of a person or causing a person to touch the sexual or other intimate parts of the actor for the purpose of arousing or gratifying the sexual desire of either person. Sexual abuse can include more specific criminal acts, such as rape, sodomy or sexual penetration.
Child sex abuse includes the acts listed above, but also the sexual exploitation of a child by using or attempting to use them for sexual gratification or in sexually explicit displays such as child pornography. In Oregon, minors ages 18 and under cannot legally consent to sexual contact, therefore child sex abuse includes sexual contact between an adult and a minor.
This is a wide-ranging topic that could justify its own website. Generally, though, sex abuse can devastate the survivor. If a sexual assault or rape victim chooses to report the abuse, they are often subjected to an invasive exam, or “rape kit,” at the hospital. If the abuser is formally prosecuted–which many cases are not for various reasons–the survivor might have to relive the experience and share the details with law enforcement, medical personnel, prosecutors, defense attorneys, judges and the jury. Many understandably forgo reporting to avoid this process or for fear of victim-blaming or the guilt and shame they might feel.
Sex abuse also causes many unseen, psychological injuries, such as PTSD, anxiety, stress and depression. Survivors sometimes turn to substance abuse or suffer from eating and sleep disorders and might experience flashbacks. Others might resort to self-harm or suicide.
Yes, call immediately. Contacting the authorities and disclosing to a stranger that you just experienced a devastating, extremely personal event is incredibly difficult, and the following investigation will likely make you feel worse in the short-term. However, choosing to report the incident as soon as possible is the best way to ensure your attacker is held responsible. Waiting to report can irreversibly damage a case or diminish your credibility. Most people think they know what they would do if they were raped or sexually assaulted — they don’t. Until it happens, you don’t know what your mind and body will do in order to survive. If you didn’t report to police right away at the time, that is okay. Report it now.
The goal for most personal injury lawsuits is to financially compensate the plaintiff. If the abuser is unable to pay, a civil case might not be worth it. Sex abuse cases often exceed tens of thousands of dollars to litigate. Many abusers are not independently wealthy and insurance companies typically do not cover intentional acts, but if the defendant committed the abuse while working for a company, a public body like the Department of Human Services, a school or daycare or some other entity, a lawsuit could be viable.
The statute of limitations in Oregon for a sexual abuse case is two years, similar to most other personal injury cases. However, child abuse and child sex abuse cases carry a different statute of limitations. If the victim was a minor at the time of the abuse, the statute is extended until the victim reaches age 40 or if the person has not discovered the causal connection between the injury and the abuse, nor in the exercise of reasonable care should have discovered the causal connection between the injury and the child abuse, the statute of limitations is not more than five years from the date the person discovers or in the exercise of reasonable care should have discovered the causal connection, whichever period of time is longer.
The statute and requirements differ when the case is against a public body. See the General Questions section, which provides more information on this.
- Talk to your child about sexuality in age-appropriate terms. Talking freely about sexuality can help reduce shame or embarrassment, and it teaches kids that it is okay to talk about this and it doesn’t need to be a secret. Let your child know if someone does something to them that makes them uncomfortable, that they won’t be in trouble if they tell you. Talks of this kind should be routine rather than one big conversation.
- Teach your child the names of body parts so they have the vocabulary to ask questions and express concerns about being touched inappropriately. Tell them that some body parts are “private,” and should be touched or looked at unless by a doctor or care provider.
- Teach your child to say “no” to inappropriate touching or anything that makes them uncomfortable.
- Ask your child about the people with whom they go to school or spend time. If they’re involved in sports, go to their games or practice and meet the other parents and coaches. If they’re involved in daycare or after-school activities, ask them what they did during their day.
- Many TV shows or video games show sexually explicit content or sexual violence. Use this content to start a conversation about sexuality
- If your child comes to you with concerns or questions, listen. It can take time or several conversations for your child to come forward if they have been abused.
- Oregon law requires that a hospital providing care to a woman who is a sexual assault victim must offer her unbiased, medically and factually accurate written and oral information regarding emergency contraception, as well as the option to receive emergency contraception at the hospital. The hospital, however, may charge the victim for this service.
- Oregon law requires some individuals or entities to help victims of sexual assault. For example, the victim’s employer might be required to allow the victim to take time off from work to attend a criminal proceeding for their case. The employer might also have to allow time off if the person is a victim of domestic violence or stalking. The victim’s parent might be able to take time off to receive help from law enforcement and/or an attorney, medical treatment, counseling, victims’ services or to move to a different residence or make one’s home safer.
- The state may not deny a victim of sexual assault, domestic violence or stalking unemployment benefits if the victim has no reasonable alternative other than leaving work to protect the victim or minor child.
- A victim of sexual assault, domestic violence or stalking may terminate a rental agreement with 14 days of notice if they do so within 90 days of the crime. Alternatively, the victim may require their landlord to change the locks on the victim’s residence.
- The Sexual Assault Victims’ Emergency Medical Response Fund has been providing Oregon victims with medical assessments since 2003. This fund offers medical care and medications, if needed, to every sexual assault victim in the state, regardless of their ability to pay. The fund was modified in 2007 to cover every victim, even if they choose to not report the crime to law enforcement or at the time of the incident. These assessments also cover children ages 18 and under, including instances in which abuse has been alleged.
- A victim shall be issued a victim identification number and provided with a registry identification number of the registered sex offender who committed the crime against him or her.
No. Debts arising from “willful and malicious injury” by the debtor are not dischargeable in bankruptcy. In car accidents or other negligence lawsuits, individuals who have limited assets may shield themselves by declaring bankruptcy. Sex abusers do not have this option. However, they must have sufficient assets to make the sexual abuse lawsuit worthwhile.
Vulnerable Persons Abuse FAQ
While it might seem arbitrary as to what makes someone vulnerable, there are certain definitions and requirements under Oregon law that dictate exactly what a vulnerable person is. While this practice overlaps with my other specialties (like many other types of cases), vulnerable persons abuse might include a sex abuse case, a wrongful death care or representation of a crime victim. An example of a vulnerable person is a child, an elder or a person with developmental delays. It can be a convoluted, nuanced undertaking. Please read on for more specifics on vulnerable persons abuse. As this does relate to other types of cases I practice, you might want to peruse those questions as well.
Oregon Revised Statute (“ORS”) 124.100 dictates that a vulnerable person is:
- an elderly person, ages 65 or older
- a “financially incapable” person — as defined by ORS 125.005 as: “a condition in which a person is unable to manage financial resources of the person effectively for reasons including, but not limited to, mental illness, mental retardation, physical illness or disability, chronic use of drugs or controlled substances, chronic intoxication, confinement, detention by a foreign power or disappearance.”
- an “incapacitated” person — as defined by ORS 125.005 as: “a condition in which a person’s ability to receive and evaluate information effectively or to communicate decisions is impaired to such an extent that the person presently lacks the capacity to meet the essential requirements for the person’s physical health or safety.”
- a “person with a disability” who is susceptible to force, threat, duress, coercion, persuasion or physical or emotional injury because of the person’s physical or mental impairment
Per ORS 124.100, a vulnerable person who suffers injury, damage or death by reason of physical abuse may sue any person who has caused the abuse or who has permitted another person to engage in the abuse. The court shall award the following to a plaintiff who prevails in an action under this section:
- An amount equal to three times all economic damages (“treble damages”), or $500, whichever is greater.
- An amount equal to three times all non-economic damages.
- Reasonable attorney fees incurred by the plaintiff.
- Reasonable fees for the services of a conservator or guardian ad litem incurred by reason of the litigation of a claim brought under this section.
The Department of Human Services (“DHS”) is a state governmental entity, and has certain requirements for pursuing a claim. You can sue DHS, and in most cases, a tort claim notice is needed to preserve that right to sue. I specifically pursue cases against DHS when a foster child in their legal custody has been abused, either by a biological parent, step-parent or foster parent
A tort claim notice typically must be sent when the liable party is a public body. Generally, it has to be sent within 180 days of the incident, though this differs when it is a wrongful death or under certain circumstances when the liable party is a governmental entity, such as DHS.
A tort claim notice is formal notice of a claim sent to the liable party, which preserves the right to sue. It itself is not a lawsuit, however. Sending one does not mean that you must file a lawsuit, either. If you fail to send the tort claim notice within the time frame under Oregon law, though, you lose any right to sue that entity.
The notice must contain:
- a statement that a claim for damages is or will be asserted against the public body
- a description of the time, place and circumstances giving rise to the claim, so far as known to the claimant; and
- the name of the claimant and the mailing address to which correspondence for the claim may be sent.
This is not the type of case I pursue against DHS. Depending on the circumstances of your case, I suggest you contact a juvenile dependency attorney or a family law attorney. If you are unable to find one, you may contact the Oregon State Bar Lawyer Referral Service at 503-684-3763.
- Conservator: a person appointed by the court to act on behalf of the vulnerable person, typically to manage their finances or make important decisions for them
- Fiduciary: a guardian or conservator appointed by the court to assume duties, such as managing the vulnerable person’s money and other assets
- Guardian: a person appointed by the court to act as a general guardian for the vulnerable person
- Guardian ad litem: a person appointed by the court to act as a guardian for the vulnerable person, but only for a specific case; the duties of the guardian ad litem end when the case ends.