ORS 12.118: Action based on conduct that constitutes sexual assault of adult or conduct 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 allowing, permitting or encouraging sexual assault that occurs when a person is 18 years of age or older may be commenced at any time. (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; 2025 c.447 §2] Sec. 3. Applicability of ORS 12.118. 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] Sec. 3. Applicability of 2025 amendments to ORS 12.117 and 12.118. (1) Except as provided in subsection (2) of this section, the amendments to ORS 12.117 and 12.118 by sections 1 and 2 of this 2025 Act apply to claims arising on or after the effective date of this 2025 Act [June 26, 2025]. (2)(a) A claim based on conduct allowing, permitting or encouraging child abuse or child sexual abuse that arises before the effective date of this 2025 Act is subject to the statute of limitations provided in ORS 12.117 (1)(a), unless a final judgment has been entered on the claim before the effective date of this 2025 Act. (b) A claim based on conduct allowing, permitting or encouraging sexual assault that arises before the effective date of this 2025 Act 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, unless a final judgment has been entered on the claim before the effective date of this 2025 Act. (c) As used in this subsection, “final judgment” means a judgment for which the time to appeal has expired without any party filing an appeal or that is not subject to further appeal or review. [2025 c.447 §3]