A southern Oregon teenager has filed a $1.04 million lawsuit against a young man she says raped her at a high school graduation party.

The teenage plaintiff was 16 at the time of the party and her alleged attacker was 18, according to the lawsuit.

She also is suing a 62-year-old woman, Julene Erskine, who according to the lawsuit hosted the alcohol-fueled party at Erskine’s rural Central Point home on June 10, 2017.

The young woman’s lawyer, Brigid Turner, said Erskine was the mother of a high school graduate. Erskine didn’t return a message from The Oregonian/OregonLive seeking comment. Erskine was convicted in Jackson County Circuit Court of furnishing alcohol to a person under 21 and ordered to pay a $100 fine.

The news organization isn’t naming the plaintiff because she’s an alleged victim of sexual assault.

The news organization isn’t naming the defendant because he wasn’t charged with a crime in the case. He couldn’t be reached for comment.

Turner said the Jackson County District Attorney’s Office declined to prosecute the 18-year-old, but she isn’t sure why. The prosecutor who reviewed the case was out of the office this week. A call from The Oregonian/OregonLive to the District Attorney’s Office seeking an explanation from another employee wasn’t returned.

The lawsuit says 30 to 50 minors attended the party.

The suit says the 16-year-old girl became drunk and passed out in the back seat of her car after drinking beer, liquor and Mike’s Hard Lemonade. She awoke to the 18-year-old having unprotected sexual intercourse with her, but she “was unable to fight back or get away” because of her level of intoxication, the suit says.

The suit also alleges the 18-year-old “placed his hands over her throat causing her to be unable to breath(e) and fear for her life.”

Turner said the girl reported the rape 11 days later.

The lawsuit says she suffered bruising on her neck, ribs and inner thighs, bleeding and pain in her vagina and non-physical wounds, including shame, post-traumatic stress disorder, depression and fear of being in public.

The standard of proof in a civil case -- that something happened by a “preponderance of evidence” -- is lower than the standard -- “beyond a reasonable doubt” -- needed to prove someone is guilty of a crime.

The lawsuit was filed last week in Jackson County Circuit Court.

-- Aimee Green

agreen@oregonian.com

o_aimee

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