Oregon Prison Abuse: Rights & Options

Oregon has notoriously difficult laws that have prevented many individuals from pursuing justice over inmate sexual abuse. However, many law firms and nonprofit organizations are helping survivors take legal action.

In general, you have the option to report inmate sexual abuse to the following:

• The facility where the harm occurred
• The Oregon Department of Corrections Inspector General Hotline at (877) 831-0389,
• The Prison Rape Elimination Act Coordinator by phone at (971) 301-1653 or via email
• Via the inmate phone at the toll-free number provided
• Law enforcement

We understand that many individuals may be wary of reporting the harm to the facility or the Department of Corrections, especially if they are still incarcerated. They may fear retaliation or additional harm. The media has previously reported on instances of retaliation at Oregon facilities.

An individual on the outside can assist in reporting inmate sexual abuse but should only do so at the full discretion and knowledge of the impacted individual.

Oregon state laws require inmates to follow very specific guidelines should they wish to pursue a civil lawsuit of sexual abuse in ajail or prison. However, some individuals have been able to pursue a claim if they did not follow these exact steps – although it makes it much more difficult.

In general, the official administrative procedures to report inmate sexual abuse in Oregon include the following steps:

• Attempt to resolve the issue by reporting it to or communicating with the appropriate staff.
• If that fails, request the necessary forms and gather procedural information.
• File a grievance promptly—within 30 days after the incident.
• Verify the grievance has been received and follow up on the investigation.
• If the grievance coordinator fails to remedy the issue or finds against you, you must file an appeal within 14 days.
• Verify the appeal has been received.

Additionally, when a governmental employee or agency is involved, you must file a “Tort Claim Notice” under Revised Statute 30.275(2)(b) with the appropriate agency within 180 days of the incident. Furthermore, Oregon’s civil statute of limitations only gives impacted adults two years from the incident date to file a sexual abuse lawsuit in most cases.

Please Note: The administrative requirements for the above instructions may change, and we suggest reviewing the rules posted on the Oregon Secretary of State’s website.

All of these hurdles provide significant challenges for those sexually abused while incarcerated at an Oregon jail or prison. However, in the last few years, more law firms have taken such cases as the abuse allegations at Oregon facilities, including juvenile detention centers, have mounted.

The best thing to do when experiencing inmate sexual abuse is to contact an experienced attorney as soon as possible. Again, an individual on the outside may be able to contact an attorney and help the incarcerated individual pursue their rights. If you have questions or concerns, please reach out to us today.