Oregon has passed House Bill 3582, abolishing the statute of limitations for civil lawsuits related to child sexual abuse. This significant reform will allow survivors to seek justice at any time. It acknowledges the complex and often prolonged journey of healing from such trauma. The bill must move onto the Senate and be approved there. After that, it will need to be signed into law.
Understanding the Change to Oregon’s SOL
Previously, Oregon law required survivors of child sexual abuse to file civil claims by the age of 40. Alternatively, they had to file within five years of discovering the connection between the abuse and their injuries, whichever was later. Under the new legislation, there is no time limit for initiating civil actions based on child sexual abuse. This provides survivors with the opportunity to come forward when they are ready.
The Importance of Statute of Limitations Reform
Statutes of limitations have historically posed significant barriers for survivors of child sexual abuse. The trauma associated with such abuse can lead to delayed reporting. This delay often occurs due to fear, shame, or psychological repression. By removing these time constraints, Oregon acknowledges the unique challenges survivors face. It affirms their right to seek justice on their own timeline.
Notable Cases Highlighting the Need for Oregon SOL Reform
Oregon’s history includes significant cases that underscore the necessity of such reforms. In 2010, a jury awarded $18.5 million in punitive damages to a former Boy Scout. He was sexually abused by a scout leader in the 1980s. The case revealed that the Boy Scouts of America had prior knowledge of the abuse. However, they failed to take appropriate action.
Additionally, the 2004 revelation of former Governor Neil Goldschmidt’s sexual abuse of a 14-year-old girl during his tenure as Portland’s mayor highlighted the limitations of existing laws. Due to the statute of limitations, Goldschmidt was never prosecuted. This sparked public outrage and calls for legal reform.
A Step Forward—But Not Far Enough
While eliminating the statute of limitations for future claims is a crucial and commendable step, Oregon’s law falls short by failing to include a “revival window” for past claims. This omission means survivors previously time-barred from filing lawsuits are still unable to pursue civil justice under the new law. In contrast, over two dozen states—including California, New York, and New Jersey—have enacted revival windows. These windows allow survivors to file civil suits regardless of when the abuse occurred. Revival windows are a vital tool for systemic reform. They expose patterns of institutional cover-up and deter future misconduct. Without a similar provision, Oregon risks leaving countless survivors in the shadows. It leaves their voices unheard and their paths to justice still blocked.
How Andreozzi + Foote Supports Survivors
At Andreozzi + Foote, we are committed to advocating for survivors of sexual abuse. Our trauma-informed legal team understands the complexities involved in these cases. We provide compassionate, comprehensive support throughout the legal process.
With the elimination of the statute of limitations in Oregon, survivors now have the opportunity to hold perpetrators and negligent institutions accountable, regardless of when the abuse occurred. Our firm is dedicated to guiding survivors through this process. We ensure their voices are heard and justice is pursued.
Taking the Next Step
If you or someone you know is a survivor of child sexual abuse in Oregon, it’s important to understand your rights under the new law. Andreozzi + Foote is here to provide the legal support and advocacy needed to navigate this journey.
For more information or to schedule a confidential consultation, please visit our website at victimscivilattorneys.com.
Together, we can work towards a future where survivors are empowered to seek justice and healing on their own terms.
