Oregon Statutes 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, 12.115 or 12.160, 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.
Terms Used In Oregon Statutes 12.118
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
(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]
12.118 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.
Section 3, chapter 448, Oregon Laws 2019, provides:
Notwithstanding any other provision of law, section 2 of this 2019 Act [12.118] 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]