Sexual Abuse

Trying to Find the Light. Oregon Pays $4.95 Million in Devastating Child Abuse Involving The State's Inaction.

This case is one of the most harrowing child abuse tragedies in Oregon’s recent history — a gut-wrenching example of how systemic failures can allow horrific abuse to continue in plain sight, despite repeated warnings and desperate cries for help.

Three young siblings — just 5, 5, and 7 years old when the nightmare began — were subjected to five years of relentless torture by their great-aunt, Merlinda Avalos. They were starved, beaten, humiliated, and isolated, forced to sleep naked on bare mattresses in the cold, urinate in plastic bottles, wear urine-soaked clothes to school, and suffer abuse so cruel it defies belief: mouths duct-taped shut, tacks taped to bunk beds to prevent them from moving, shot in the back with a BB gun. A child was so afraid of her abuser finding out she changed into clean clothes at school, she would break down in tears.

Over the course of those five years, teachers, neighbors, and counselors made at least 20 reports to Oregon’s Department of Human Services Child Abuse Screening Hotline and to 911. These were not vague suspicions — they included reports of visible bruises, starvation, children locked outside in the rain, and terrifying first-hand disclosures from the children themselves.

Again and again, DHS CPS failed. Caseworkers dismissed the complaints as “unfounded.” They failed to follow their own policies. They didn’t take photos of injuries, failed to seek medical evaluations, and shockingly included Avalos — the known abuser — in a so-called “safety plan.” The reports were ignored. The children were left to suffer.

Finally, in April 2018, police intervened after one child made yet another disclosure. Investigators found extensive evidence of abuse, and Avalos was arrested and later sentenced to more than 12 years in prison. But by then, the damage was already done.

In 2024, nearly six years after being removed from Avalos’ home, the State of Oregon agreed to pay $4.95 million to the three children — a rare acknowledgment of responsibility in a case where the state’s inaction was both devastating and inexcusable.

But the tragedy did not end there.

Shortly after learning of the settlement, the eldest child — now 18 years old — died by suicide. His death is a painful reminder that trauma does not end when abuse stops. It lingers, destroys, and too often, claims lives long after the fact and has a rippling affect on those that were close to him..

This incredible $4,950,000 settlement— while significant — is overshadowed by the irreversible toll this abuse has taken. No amount of money can restore what these children lost: their safety, their childhood, and their brother.

Yet even in the face of such overwhelming tragedy, there was a hard-fought measure of justice. Attorneys Jeremiah V. Ross and two other lawyers refused to let the state walk away from its responsibility. They battled against dismissal, navigated complex legal barriers, and ultimately held DHS accountable for failing to act when it mattered most.

While nothing can undo what happened, we hope this outcome will not only provide some stability for the surviving siblings, but also serve as a call to action: Oregon must do better.

No child should have to suffer this way. No system should ever ignore this much pain. And no survivor should have to fight this hard for justice.

If you or a loved one has been harmed by child abuse or by government failure to protect, Ross Law and Oregon Attorney Jeremiah V. Ross will stand with you. We will listen. We will fight. And we will not let tragedy be ignored.

Ross Law's Sexual Harassment Case Against Rite Aid and Rapist Featured in the News

Portland Television sation KPTV Fox 12 recently reported on a lawsuit Jeremiah Ross and the law offices of Q.E. Kuranz recently filed.

The civil law-suit was filed against Rite Aid and convicted rapist Daniel Luis Cassinelli, who served as a Rite Aid Manager. The legal action has been initiated on behalf of a young woman who suffered persistent sexual harassment while employed at a Rite Aid location in Portland. Despite the victim reporting the harassment to Rite Aid's Human Resources department, her pleas for help were dismissed without proper investigation or protective action.

The lawsuit will seek compensation for the young woman that was subjected to the predatory behavior of Cassinelli and Rite Aid's systemic failure to protect its employees. If you or someone you know were assaulted, sexually abused, or sexually harassed while working at a Portland area Rite Aid please reach out to Ross Law at 503.224.1658 to discuss your legal options, if any.

Oregon Youth Authority Abuse Claims Prompt Change

Ross Law has fought to achieve civil justice for youth and their families that the Oregon Youth Authority (OYA) has failed. The OYA has been plagued with mismanagement for decades that has resulted in claims of physical abuse, sexual abuse, and neglect of incarcerated youth. To compound the issue, OYA failed to promptly investigate those claims and grievances of incarcerated youth which helped perpetuate the abuse. It appears the Governor is attempting to make change to break the cycle of abuse and mismanaged claims.

According to the Statesman Journal, Katherine O. Berger has been appointed as the new Youth and Family Advocate for the Oregon Youth Authority (OYA), starting May 1—a role created in response to growing concerns about systemic failures within OYA, including lawsuits alleging sexual abuse of youth and a large backlog of unresolved complaints. The position, designed to be independent and overseen by the governor’s office, aims to support youth and their families in navigating the system, raising concerns, and understanding their rights.

The need for stronger oversight became urgent after a January audit revealed that Raymond Byrd, former chief investigator of OYA’s Professional Standards Office (PSO), had failed to review thousands of complaints. His resignation, alongside the firing of former OYA Director Joe O’Leary, underscored the agency’s accountability crisis. Interim Director Jana McLellan proposed the advocate role as part of several reforms following this internal review.

Berger, a longtime youth defense attorney, will regularly visit correctional facilities, meet with youth and families, and report on systemic safety issues. She will deliver a comprehensive report by May 2026 recommending how to establish a permanent advocate role and improve protections for youth reporting abuse. Her appointment signals a shift toward addressing deeply rooted issues in OYA’s handling of youth safety and misconduct complaints.

This is a step in the right direction, and here at Ross Law we hope it will make positive change. However, it will not help those that are already endured sexual abuse, assault, a lack of medical or mental health care while incarcerated at McClaren, OYA Group homes, or other while in the custody of OYA.

If you or someone you know have questions about whether or not you or your family have a claim against OYA please reach out to Ross Law and Jeremiah Ross at 503.224.1658. Please remember that certain time limitations may affect your ability to pursue a claim against the Oregon Youth Authority, so it is best to contact a lawyer sooner rather than later.

The Difference Between Civil and Criminal Sex Abuse Cases in Oregon

Sexual abuse cases are sensitive and complex legal matters that often involve both civil claims and criminal charges. In the state of Oregon, as in many jurisdictions, it's crucial to distinguish between the two legal processes to comprehend the nuances and implications for the parties involved. For many sexual assault survivors, these nuances are often misunderstood. Many times the sexual abuse victim may think the District Attorney or Victim Witness is “their lawyer” and is acting to ensure their civil claim is protected. That is not the case. Every sexual assault victim should understand the following if they desire to pursue a civil claim against the wrongdoers:

  1. Purpose and Parties Involved:

    • Civil Claim: Civil claims in Oregon for sex abuse typically involve a victim seeking financial compensation from the alleged perpetrator. The purpose is to try and make up for the harm caused to the victim through financial compensation. Civil claims not only involve the actual perpetrator but can also involve a person or entity that foreseeably caused the sexual assault to happen. There are countless situations where a corporation or the government may be responsible for a sexual assault. Some examples are: 1) Oregon DHS houses a child with a foster parent who did not perform a background check and the foster parent sexually abuses the child. 2) School Administrators ignore complaints a teacher is acting inappropriately around children, and the teacher later abuses a child, 3) A security guard or law enforcement officer sexually assaults a person while on duty,

    • Criminal Charges: Criminal charges, on the other hand, are initiated by the state of Oregon against the alleged offender. The primary goal is to punish the perpetrator for violating criminal laws and to protect society. They are limited to the actual perpetrator.

  2. Burden of Proof:

    • Civil Claim: The burden of proof in civil cases is lower than in criminal cases. In a civil claim, the plaintiff must establish the defendant's liability by a preponderance of the evidence, meaning that it is more likely than not that the alleged misconduct occurred. This is much lower than criminal court.

    • Criminal Charges: Criminal charges require a higher burden of proof. The prosecutor must prove the defendant's guilt beyond a reasonable doubt, a significantly more demanding standard to secure a conviction.

  3. Legal Consequences:

    • Civil Claim: If the plaintiff prevails in a civil claim, the court may award monetary damages to compensate the victim for physical, emotional, and financial harm suffered due to the sex abuse. The court can also award punitive damages to punish the wrongdoers for the harm that they caused.

    • Criminal Charges: A conviction in a criminal case can lead to various legal consequences, including imprisonment, fines, probation, and mandatory registration as a sex offender.

  4. Initiation of Legal Proceedings:

    • Civil Claim: Civil claims are usually initiated by the victim or their legal representative filing a lawsuit against the alleged perpetrator. The victim is often seeking justice and financial compensation for the harm suffered.

    • Criminal Charges: Criminal charges are initiated by the state or federal government through a prosecutor who represents the public's interest. The victim may or may not be directly involved in the decision to press charges. This is a big distinction because the victim may have a civil lawyer and the District Attorney working on their cases at the same time.

  5. Statute of Limitations:

    • Civil Claim: Civil claims for sex abuse in Oregon have a specific statute of limitations that dictates the timeframe within which a lawsuit must be filed. This timeframe can vary based on factors such as the age of the victim and the nature of the abuse.

    • Criminal Charges: The statute of limitations for criminal charges in sex abuse cases may differ, and it is essential to consider the specific details of the alleged offense.

Understanding the difference between civil claims and criminal charges in Oregon sex abuse cases is crucial for all parties involved. While a civil claim focuses on compensating the victim, criminal charges aim to punish the offender and protect society. Navigating these legal processes requires a nuanced understanding of the distinct standards of proof, purposes, and consequences associated with each legal avenue. That is why it is highly recommended that any sexual assault survivor consults with a lawyer with experience in Oregon Sex Abuse Cases such as Jeremiah Ross at Ross Law LLC. Please call 503.224.1658.

What People Harmed by Oregon DHS's Negligence Need to Know about Tort Claims:

What People Harmed by Oregon DHS's Negligence Need to Know about Tort Claims:

When individuals or families find themselves involved in disputes with Oregon's Department of Human Services (DHS), they may consider filing a lawsuit to seek compensation for damages caused by the agency's actions or negligence. However, before proceeding with a lawsuit against the DHS, it's crucial to understand the importance of Oregon's Tort Claim Notices. This blog post aims to shed light on the significance of these notices and the essential steps involved in filing a claim against the Department of Human Services.