Limitations of Actions and Suits

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]
Chapter 12

Notes of Decisions

An action for personal injuries caused by breach of implied warranty is clearly one for which "different limitation is prescribed by statute" under ORS 12.010 and thus is not governed by provisions of this chapter. Redfield v. Mead, Johnson & Co., 266 Or 273, 512 P2d 776 (1973)


Source

Last accessed
Jun. 26, 2021