ORS 12.118
Action based on conduct that constitutes sexual assault of adult or conduct knowingly allowing, permitting or encouraging sexual assault of adult

(1)

Notwithstanding ORS 12.110 (Actions for certain injuries to person not arising on contract), 12.115 (Action for negligent injury to person or property) or 12.160 (Suspension for minors and persons who have disabling mental condition), an action based on conduct that constitutes sexual assault or conduct knowingly allowing, permitting or encouraging sexual assault that occurs when a person is 18 years of age or older must be commenced within five years from the date the person discovers, or in the exercise of reasonable care should have discovered, the causal connection between the sexual assault and the injury.

(2)

As used in this section, “sexual assault” includes, but is not limited to, any of the following:

(a)

Rape, which includes but is not limited to rape, sodomy, unlawful sexual penetration and incest, as those acts are defined in ORS chapter 163;

(b)

Sexual abuse, as that act is defined in ORS chapter 163; or

(c)

Sexual exploitation, which includes but is not limited to trafficking in persons and subjecting another person to involuntary servitude, as those acts are defined in ORS chapter 163.

(3)

Nothing in this section creates a new cause of action or enlarges any existing cause of action. [2019 c.448 §2]
Note: 12.118 (Action based on conduct that constitutes sexual assault of adult or conduct knowingly allowing, permitting or encouraging sexual assault of adult) was added to and made a part of ORS chapter 12 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
Note: Section 3, chapter 448, Oregon Laws 2019, provides:
Sec. 3. Notwithstanding any other provision of law, section 2 of this 2019 Act [12.118 (Action based on conduct that constitutes sexual assault of adult or conduct knowingly allowing, permitting or encouraging sexual assault of adult)] applies to all actions commenced on or after the effective date of this 2019 Act [June 20, 2019], including any action that would have been barred by application of any period of limitations prior to the effective date of this 2019 Act. [2019 c.448 §3]

Source: Section 12.118 — Action based on conduct that constitutes sexual assault of adult or conduct knowingly allowing, permitting or encouraging sexual assault of adult, https://www.­oregonlegislature.­gov/bills_laws/ors/ors012.­html.

12.010
Time of commencing actions 12.020
When action deemed begun 12.040
Limitations of suits generally 12.050
Action to recover real property 12.060
Suit or action on land contracts 12.070
Action on judgment, decree or sealed instrument 12.080
Action on certain contracts or liabilities 12.085
Action against garnishee 12.090
Accounts 12.100
Action on official act or penalty 12.110
Actions for certain injuries to person not arising on contract 12.115
Action for negligent injury to person or property 12.117
Actions based on child abuse 12.118
Action based on conduct that constitutes sexual assault of adult or conduct knowingly allowing, permitting or encouraging sexual assault of adult 12.120
Action on escape 12.125
Action arising under rental agreement 12.130
Action for penalty 12.132
Action arising out of real estate appraisal activity or appraisal review 12.135
Action for damages from construction, alteration or repair of improvement to real property 12.137
Action for loss of or damage to property arising from nuclear incident 12.140
Actions not otherwise provided for 12.150
Suspension of running of statute by absence or concealment 12.155
Effect of notice of advance payment on running of period of limitation 12.160
Suspension for minors and persons who have disabling mental condition 12.170
Disability must exist when right of action accrues 12.180
Coexisting disabilities must all be removed 12.190
Effect of death on limitations 12.195
Effect of attorney death on limitations 12.200
Suspension by war as to alien 12.210
Suspension by injunction or prohibition of statute 12.220
Commencement of new action after involuntary dismissal 12.230
Acknowledgment or promise taking contract case out of statute 12.240
Effect of payment after obligation becomes due 12.250
Actions by state, county or public corporations 12.270
Conclusive presumption of validity of governmental subdivision boundary proceedings one year after effective date 12.272
Action based on pesticide application 12.274
Action against trustee of express trust 12.276
Action for death, injury or damage resulting from breast implants 12.278
Action against manufacturer of certain pickup trucks 12.280
Action based on practice of land surveying 12.282
Action against manufacturer of extendable equipment 12.410
Definitions for ORS 12.410 to 12.480 12.420
Purpose 12.430
Claims based on law of other states 12.440
Application of statutes and rules governing conflict of laws 12.450
When limitation period of another state not applicable 12.460
Claims to which statutes apply 12.470
Severability 12.480
Short title
Green check means up to date. Up to date

Current through early 2024

§ 12.118’s source at oregon​.gov