State v. Herfurth, 283 Or. App. 149

Defendant convicted of rape in the third degree and nine counts of second-degree sexual abuse for a sexual relationship with a minor (MD).
After disclosure, MD’s family retained private counsel to advise and support them through the criminal prosecution; MD underwent a CARES child-abuse evaluation observed by police.
State sought restitution totaling $18,434.24, including $5,162.50 to MD’s father for attorney fees and $165.57 to the Criminal Injuries Compensation Account (the Account) to reimburse part of CARES costs.
Trial court ordered defendant to pay both the family’s attorney fees and the Account’s portion of the CARES evaluation costs.
On appeal, defendant challenged restitution for the attorney fees and for the CARES evaluation costs; court also addressed other sentencing issues but affirmed them without discussion.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether family attorney fees are recoverable as restitution	Fees were reasonably incurred due to defendant’s crimes and thus constitute economic damages recoverable as restitution	Attorney fees are not "economic damages" because the American Rule precludes recovery of fees incurred in the same proceeding	Affirmed — attorney fees recoverable as restitution where they are reasonably foreseeable, necessary, and result from defendant’s criminal activity (Ramos controlling)
Whether CARES evaluation costs paid by the Account are recoverable	CARES exam also served a medical/diagnostic purpose, so costs fit statutory medical/health-care "economic damages"	CARES evaluation was forensic/investigative and costs are prosecutorial expenses not recoverable as restitution	Reversed as to CARES costs — record lacks evidence that MD or family had civil liability for the CARES charges, so Account cannot recover those investigative costs

State v. Ramos, 358 Or. 581 (Or. 2016) (economic damages for restitution include attorney fees and costs incurred as a result of criminal prosecution when they would be recoverable in a civil action)
State v. Kirschner, 358 Or. 605 (Or. 2016) (American Rule does not bar restitution for certain litigation-related losses tied to testimony)
State v. Mahoney, 115 Or. App. 440 (Or. Ct. App. 1992) (restitution for attorney fees related to victim’s need for legal advice in response to defendant’s conduct)
State v. Romero-Navarro, 224 Or. App. 25 (Or. Ct. App. 2008) (Account entitled to restitution for expenditures the victim/family could recover in civil action)
State v. Wilson, 193 Or. App. 506 (Or. Ct. App. 2004) (investigative expenses not recoverable where no theory of civil liability supports recovery)
State v. Dillon, 292 Or. 172 (Or. 1981) (public assistance payments not recoverable as restitution when no liability or repayment obligation exists)
State v. O’Brien, 96 Or. App. 498 (Or. Ct. App. 1989) (distinguishes recoverability of fees incurred in separate civil proceedings from fees incurred in the criminal prosecution)