Oregon Supreme Court allows sex abuse claim

The Associated Press

PORTLAND, Ore. (AP) — The statute of limitations on a sex abuse claim against a government employee in Oregon may depend on when the victim realizes the government was involved, not when the actual abuse occurred.

The Oregon Supreme Court ruled unanimously Thursday the city of The Dalles could not claim the statute began running when a member of the police Explorer Scout program was sexually abused by a police officer in 1996.

The boy was 16 at the time, but he did not disclose the abuse until 2001, after learning that another police officer was under investigation for serving alcohol to a minor.

The victim was then called to testify at a grand jury hearing on the officer who abused him, James Tannehill, and realized he had a claim against the city.

Kelly Clark, attorney for the victim, said the ruling “closes one of the loopholes where the government goes to hide when a government employee abuses a kid.”

Clark said government agencies have argued the statute of limitations begins when the abuse occurs, but that is “totally unrealistic for any child sex abuse survivor,” especially when the offender is typically somebody in authority.

“If you have a government coverup, the clock begins to run when you discover the government had a role in the abuse,” Clark said, “so it’s really a big deal.”

The victim filed a negligence and sexual battery claim against The Dalles in June 2002, and then added a federal civil rights claim in July 2003.

The city argued the two-year statute of limitations had already expired because the abuse occurred in 1996, but a trial judge rejected the argument.

The Oregon Court of Appeals, however, ruled in favor of the city, concluding that “at the time of the abuse itself, plaintiff had sufficient information” to determine he had a claim against the city.

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