Whether money can be recovered depends on a number of factors.

1. Was the sexual encounter or encounters consented to by adults? If so, there is no remedy for that, unless the encounter was made in the context of an unequal relationship. For example, consent is not presumed where a doctor, dentist, counselor, priest, employer, or other person with whom the victim has a relationship of trust with the offender. In fact, there are laws and rules of conduct which prohibit such contact unless consent has been discussed between the parties before hand.

If no such discussion has occurred, the law will presume that the victim has been taken advantage of by virtue of their weaker position in the relationship with the professional.

2. Was the sexual encounter or encounters between an adult and minor child?

It should be noted that a minor child under certain ages cannot consent even if they agree to the sexual encounter. State laws prevent children under 16 or sometimes 14 from consenting to sexual encounters. So, in a situation in which a youngster under the legal age of consent claims to have agreed to the sexual encounter with an adult or even another minor, that fact does not mean that they have not been abused; and it does not mean that they have not been damaged nor that they cannot claim money damages for this type of incident.

Unlike the case of an adult who is in a relationship of trust with a doctor, dentist, priest, scout leader, teacher, or other mentor type of relationship, consent is never presumed when the sexual encounter is between a minor child and adult.

The remedies a minor has vary. They have a claim for all the same damages outlined above. They can recoup money from the offender and sometimes from the offender’s employer, if the sexual encounter was accomplished while the offender was working in the course and scope of his/her employment and the offender’s relationship with the victim has some relation to the work being performed. For example, if a priest works with an altar boy and molests him, the priest and church can be held responsible for the damage if there is a sufficient connection between the sexual encounter and the activities under which the two people came in contact. Similarly, if a teacher molests a student at school, the teacher and school district may be responsible for the child’s harm.

To find out if you have a case, or just to ask questions, please call us. Our sexual abuse attorneys and our professional staff will get to know you and your situation well, because the better we know you, the better we can represent you.Call Toll-Free 800-525-2099 for a FREE CONSULTATION

Don’t delay. Contact our law firm today to arrange a free consultation and case evaluation. Call our main office toll free 800-525-2099. With offices located throughout Southern Oregon and Northern California we can serve you no matter where you are located.

Oregon Personal Injury Attorneys at the Law Offices of Black, Chapman, Webber and Stevens represent clients throughout Oregon and Northern California, including residents of Jackson County, Josephine County, Klamath County, Coos County, Curry County, Douglas County, Lane County, Deschutes County, Lake County, Del Norte County, Siskiyou County, Modoc County, Humbolt County, Trinity County, Shasta County Lassen County.

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