Oregon Child Sexual Abuse Lawyer
Providing Legal Representation for Victims of Child Sexual Abuse
Child sex abuse is a sensitive and challenging topic, but it’s a conversation that needs to keep happening to raise awareness and ensure that victims have a voice. Finding out that your child has been sexually abused or disclosing your own abuse to someone else can be difficult, but it’s the first step in finding healing. Exploring your legal options to hold the abuser accountable is the next.
At Galm Law, you’ll find legal representation you can trust. Attorney Paul C. Galm will listen to your story and help you find a path forward. Call our office today to schedule a time to talk.
How Prevalent Is Child Sex Abuse in Oregon?
It’s difficult to determine the actual prevalence of child sex abuse because victims are often reluctant to come forward, and even when they do, they may only tell a few trusted loved ones. However, there are some statistics that show how common child sex abuse is in Oregon and the rest of the country and what factors increase risk:
- 93 percent of child sexual abuse survivors knew their abusers
- Around 10 percent of children overall have suffered child sexual abuse
- Child sexual abuse is 4 times more likely to happen to girls than boys
- The most common age for sexual abuse is between 7 and 13
Unfortunately, many child sex abuse cases never get reported to the authorities and, therefore, aren’t included in the gathered statistics. This means that the actual number of children being sexually abused is likely far more significant than these numbers show. While it can be challenging to come forward, it’s one of the most important steps you can take to hold the perpetrators accountable for their actions.
Common Situations Where Child Sexual Abuse May Occur
One of the most challenging things about child sexual abuse is that the abusers are often those whom you would least suspect. It’s common for them to be known in the community, such as a teacher, clergy member, or sports coach. Many child sex abusers are also family members or family friends who are unknowingly considered trusted adults. This can make it extremely difficult for child sexual abuse victims to come forward or even recognize that they were abused until years later. Some of the potential situations where child sexual abuse may occur include:
- Daycares
- Foster care homes
- Youth sports teams
- Churches, including youth groups and children’s programs
- Schools
- Clubs and other organizations, such as scouts or 4-H
Abusers usually specifically target their victims, choosing children who come from at-risk households or who exhibit more emotional vulnerability or lower self-esteem. Once they choose a victim, they go to great lengths to gain their trust and establish a relationship. This can look like sharing in the child’s interests and activities or giving them gifts.
Once the abuser has established trust with the victim — and likely their parents or caregivers as well — they may start spending more time alone with the child. For example, it’s common for abusers to offer to babysit, coach a sports team the child is on, or even invite the child along on vacations or trips.
What Are Your Rights If You or Your Child Has Been Abused?
One of the challenges with child sexual assault and sexual abuse cases is that there are two different legal aspects: the criminal side and the civil side. On the criminal side, the victim — or a parent or guardian if they are still a minor — must come forward to report the abuse to authorities. Victims have the right to report the crime, participate in their case, and be updated by investigators on the progress of the case.
However, it’s ultimately up to the investigators and prosecutors to determine if they can gather enough evidence to proceed in filing criminal charges. Unfortunately, in many situations, these cases aren’t prosecuted due to lack of evidence, lack of resources, or the statute of limitations having expired. While this can be highly frustrating for victims who often find it difficult to even come forward, there may still be a way to hold the abuser accountable and seek damages.
Victims of sexual abuse also have the right to pursue civil lawsuits against their abuser to recover compensation for damages such as medical expenses related to the abuse, lost wages if physical or mental distress kept them from being able to go to work, emotional distress, and even potentially the cost of mental health counseling and services to process the abuse. Victims also have the right to pursue protective orders, if applicable, against the abuser.
Many victims are hesitant to come forward and pursue legal action because they don’t want what happened to them to become public. The courts offer some protections against this by allowing the identity of minors to be hidden in court records to ensure privacy. Victims may also be able to testify via video or other means to ensure they can participate in their cases without having to be in the same room as their abusers. These are all things that an attorney can go over with you to determine what may be applicable to your case and what is necessary to protect your rights, privacy, and safety.
What Damages Can You Sue for in Childhood Sexual Abuse Cases?
Civil lawsuits are all about recovering compensation for damages the plaintiff incurred as a result of the defendant’s actions. In child sexual abuse cases, this includes both financial damages and the mental and emotional distress the victim went through. Potential damages that might be a part of your case include:
- Medical expenses, such as bills from treatment of injuries or mental health care
- Lost wages, which may apply to working teens who experience abuse or adults who miss work due to trauma from childhood sexual abuse
- Emotional distress
It’s impossible to put a price tag on the pain and suffering sex abuse victims deal with, but it is an unfortunate part of the civil claims process. Your attorney will talk with you about your experiences and the effects of the abuse to determine an adequate compensation amount for your case.
What Is the Statute of Limitations for Child Sexual Abuse Cases?
For both civil and criminal cases, there are usually time limits on how long someone has to bring forward a civil claim for damages or for criminal charges to be levied. For example, for someone to be charged with sexual abuse in the first degree in Oregon, the prosecutor must file the case within 12 years of the crime being committed or before the victim turns 30 if the abuse happened during childhood. However, the statutes of limitations for civil cases are often different.
ORS 12.117 states that a civil claim for child sexual abuse, including rape or child sexual exploitation, can be filed anytime before the victim turns 40 years old. Additionally, there are specific exceptions that might extend this period based on when the abuse was discovered or reasonably could have been discovered. If you are beyond this timeframe, it is still advisable to discuss your options with an attorney.
Depending on how old the victim is when they come forward and decide to file a claim, this could mean that they have several years to build a case or that they need to act quickly. Meeting with an attorney as soon as you become aware that abuse has occurred or are considering coming forward as a victim can increase the chances that you may be able to file a claim.
What Steps Should You Take When You Find Out Your Child Was Abused?
Finding out that your child has been a victim of sexual abuse turns your entire world upside down. Here’s what to do after having this conversation:
- Believe your child. It can be challenging to hear that someone close to your family abused your trust, but it’s the most common scenario for child sex abuse. Believing your child and acting quickly to ensure their safety by removing all contact with the abuser is critical
- Report the abuse to the authorities. File a police report with your child’s account to ensure that there is a legal record. This will also start an investigation that can result in criminal charges
- Get your child medical attention. This includes immediate treatment to ensure there are no physical injuries and to document any evidence that may have been left behind during the assault. It’s also important to seek help from a trauma-informed therapist who has experience with child sex abuse cases
Once your child’s immediate medical and safety needs have been taken care of, contact Galm Law to speak to an attorney about your options.
Why Is It Important to Hire an Experienced Attorney?
Talking about sex abuse isn’t easy, and many victims have complex and conflicting feelings about coming forward — especially if they knew their abuser. While an attorney can provide legal guidance and counsel, it’s just as crucial for child sexual abuse attorneys to listen compassionately to survivors’ stories, believe them, and then go to work to hold the abuser accountable. An attorney who has experience helping childhood sexual abuse survivors pursue civil claims against the perpetrators understands what it takes to pursue these cases and can help victims understand all of their options and the likely outcomes.
Paul C. Galm, attorney at Galm Law, is here to listen to your story. Depending on the facts of your case, he may be able to help you pursue a civil claim or even get a criminal case started to bring the abuser to justice. He knows how difficult it can be to come forward and what a toll it can take on victims to have to retell their stories over and over before someone believes them and is ready to help. If you’re looking for a compassionate attorney who will do everything in his power to fight for you, it’s time to set up an appointment to talk. Call 971-405-6660 to schedule a free consultation to tell your story and find out what your legal options may be.