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  1. #1
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    Default Statute of Limitations on Statutory Rape in Oklahoma

    My question involves criminal law for the state of: Oklahoma
    When I was 14 yrs old. I was in a sexual relationship with an 18 yr. old and I got pregnant. I am now 21. Is there anything that can still be done about that? What is the statue of limitations on this offense?

  2. #2
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    Default Re: Statue of Limitations on Statutory Rape in Oklahoma

    Read this link:http://www.oscn.net/applications/osc...p?CiteID=81179

    I believe the statute of limitations is 12 years after the discovery of the crime.

    Out of curiousity, is the father a part of the childs life, does he pay support and why after 7 years do you want to do something about it?

  3. #3
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    Default Re: Statue of Limitations on Statutory Rape in Oklahoma

    I did not want to file in the beginning due to the fact my child deserved his father. He is in his life yes but, he and his new wife are very vengfull people and do things that mess with my sons emotions. But, the biggest thing is that Oklahoma Department Of Human Services has now approved him as a foster parent. So he is taking in young children when technically he is a sex offender. I do not feel that is right nor is it safe. Do you know for sure if it is 12 years for a situation like mine?

  4. #4
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    Default Re: Statue of Limitations on Statutory Rape in Oklahoma

    he and his new wife are very vengfull people
    Um...I know I've heard some old saw about eyes, motes and logs before...

    Oklahoma's criminal statute of limitations for sex crimes is 7 years.


    You can certainly consult a lawyer and see what might come of it, but aside from the appearance of time being up, there's also the matter of you apparently being a-okee-dokee with the whole situation until your ex got married and started looking into fostering children.

    The attorney will no doubt ask you why his "technical sex offender" status wasn't an issue when he was spending unsupervised time with your child all this time, but now suddenly is. And he'll want an honest answer.
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  5. #5
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    Default Re: Statue of Limitations on Statutory Rape in Oklahoma

    Under the Oklahoma criminal statute of limitations laws, the statute of limitations for sexual assault, or rape, is 7 years. In cases involving DNA evidence, the case may be reopened for another 3 years when new evidence is presented. Misdemeanors and petty charges often have a statute of limitations of one to two years. Essentially, if someone is not charged within that period, he or she can never be tried for the crime. The statute of limitations does not apply if the suspect is a fugitive, or cannot be located for prosecution. It also may not apply if new, previously unknown evidence becomes known, or if a suspect concealed evidence of the crime.

    http://blog.laborlawtalk.com/2006/10...itations-laws/

  6. #6
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    Default Re: Statute of Limitations on Statutory Rape in Oklahoma

    So what your saying is something can still be done correct?

  7. #7
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    Default Re: Statute of Limitations on Statutory Rape in Oklahoma

    Quote Quoting dianawhite3
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    So what your saying is something can still be done correct?

    If so, action needs to taken right away. Check with the police in your area to be sure.

  8. #8

    Default Re: Statute of Limitations on Statutory Rape in Oklahoma

    Since the many persons involved with this case who are mandated reporters (ie persons at school, medical personnel, etc.) didn't report it at the time, I suspect they gave this a big yawn...which is probably what police are going to do....especially in light of:

    21‑1112. Age limitation on conviction for rape.

    No person can be convicted of rape or rape by instrumentation on account of an act of sexual intercourse with anyone over the age of fourteen (14) years, with his or her consent, unless such person was over the age of eighteen (18) years at the time of such act.


    It's possible that the actual age constraints in place in the law 7 years ago were slightly different, but since no one at the time (including your parents) reported a violation, AND since you have allowed him access to your child all this time, I wouldn't get my hopes up that any action will be taken.

    There's also the devious CPS element in that you KNOWLINGLY allowed your child to be around someone that you now want to label as a rapist - so be aware that opening that can of worms can have consequences related to YOU being allowed to be around your own child as well (CPS could very well try to yank the child citing your failure to protect).
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  9. #9
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    Default Re: Statute of Limitations on Statutory Rape in Oklahoma

    Quote Quoting dianawhite3
    View Post
    My question involves criminal law for the state of: Oklahoma
    When I was 14 yrs old. I was in a sexual relationship with an 18 yr. old and I got pregnant. I am now 21. Is there anything that can still be done about that? What is the statue of limitations on this offense?

    It's either 7 OR 12, depending on when the 12 YR section was added to the code, sometimes it is hard to decipher from the legislative history.

    You can consult the police, maybe a detective will look into it and he or she will know the window of prosecution at the time of the act.

    C. 1. Prosecutions for the crime of rape or forcible sodomy, sodomy, lewd or indecent proposals or acts against children, involving minors in pornography pursuant to Section 886, 888, 1111, 1111.1, 1113, 1114, 1021.2, 1021.3 or 1123 of Title 21 of the Oklahoma Statutes, child abuse pursuant to Section 7115 of Title 10 of the Oklahoma Statutes, and child trafficking pursuant to Section 866 of Title 21 of the Oklahoma Statutes shall be commenced within twelve (12) years after the discovery of the crime.

    et. seq.



    http://www.oscn.net/applications/osc...p?CiteID=70298

  10. #10
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    Default Re: Statute of Limitations on Statutory Rape in Oklahoma

    Okay, I checked some of the citations and it appears the 12 YR window became effective in 7/ 2006:


    http://www.oscn.net/applications/osc...?CiteID=446557

    The other citations list it as a 7 YR time frame.

    law as of 11/2000:

    http://www.oscn.net/applications/osc...?CiteID=208494

    Law as of 8/2002:

    http://www.oscn.net/applications/osc...?CiteID=391850

    Law as of 11/2005:

    http://www.oscn.net/applications/osc...?CiteID=442391

    Oh, the law in place AT the time of the crime prevails, even though the current law is 12 years, as the SOL can not be applied retroactively, as that it a violation of the Ex Post Facto clause.

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