At Ross Law, we are committed to holding abusers — and those who enable abuse — accountable. Many of our clients are survivors of childhood abuse, and we understand that the trauma caused by abuse can take years, even decades, to fully process and connect to the lifelong harm it caused. Fortunately, Oregon law (ORS 12.117) recognizes this reality and gives survivors meaningful time to come forward and pursue justice in civil court.
Under Oregon law, survivors of child abuse have until age 40 to file a lawsuit against their abuser or anyone who knowingly allowed, encouraged, or permitted the abuse to happen. If the survivor did not discover — and reasonably could not have discovered — the connection between the abuse and their injury until later in life, then the survivor has five years from the date of discovery to file a claim. The law applies whichever period is longer.
Importantly, this rule applies regardless of other time limits found in Oregon’s personal injury statutes. That means even if the general deadline to file a personal injury case has expired, a claim based on child abuse may still be valid if brought under this specific law.
ORS 12.117 defines “child abuse” broadly to include:
Physical or mental injury caused by intentional cruelty.
Sexual abuse or exploitation, including rape, incest, sodomy, and using a child in pornography or prostitution.
Encouraging or allowing a child to be exploited sexually.
This law does not create new causes of action, but it extends the time for survivors to hold abusers and institutions accountable and provide compensation for survivors in Civil court.
At Ross Law PDX, we’ve proudly represented victims of child abuse in seeking compensation and justice for the unimaginable harms they’ve suffered. Ross Law PDX represents children all over the State of Oregon who have suffered abuse while they were students of the abuser, in the legal custody of DHS CPS, OYA, or in Foster Care. Ross Law has also represented children who were abused by their parents, step parent, mother or father. If you or someone you care about is a survivor of abuse, we are here to listen, advise, and fight for your rights. Please call Attorney Jeremiah Ross at 503.224.1658.
Please remember that there may be other statutes and laws, such as the Oregon Tort Claims Act, that are involved when a Statute of Limitations issue is embedded in the case. Please also remember that the law is constantly changing and this blog article may not be up to date. This blog article is not legal advice and refers to the cases and statutes regarding child abuse and the tolling of the statute of limitations in Civil cases.