(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.
(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.