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.