ExpertLaw.com Forums

What's the Statute of Limitations on Rape or Sexual Assault

Printable View

  • 10-18-2011, 04:39 PM
    designit
    What's the Statute of Limitations on Rape or Sexual Assault
    S. o. L. in oregon on sexual assault or rape.... IS?

    Thanks in advance you legal freaks!
  • 10-18-2011, 05:06 PM
    JFG1993
    Re: Statute of Limit on Sexual Assault or Rape is
    There are 2 crimes that have no statute of limitations. Rape and Murder. hope this helps.
  • 10-18-2011, 05:26 PM
    free9man
    Re: Statute of Limit on Sexual Assault or Rape is
    131.125 Time limitations. (1) A prosecution for aggravated murder, murder, attempted murder or aggravated murder, conspiracy or solicitation to commit aggravated murder or murder or any degree of manslaughter may be commenced at any time after the commission of the attempt, conspiracy or solicitation to commit aggravated murder or murder, or the death of the person killed.
    (2) A prosecution for any of the following felonies may be commenced within six years after the commission of the crime or, if the victim at the time of the crime was under 18 years of age, anytime before the victim attains 30 years of age or within 12 years after the offense is reported to a law enforcement agency or the Department of Human Services, whichever occurs first:
    (a) Criminal mistreatment in the first degree under ORS 163.205.
    (b) Rape in the third degree under ORS 163.355.
    (c) Rape in the second degree under ORS 163.365.
    (d) Rape in the first degree under ORS 163.375.
    (e) Sodomy in the third degree under ORS 163.385.
    (f) Sodomy in the second degree under ORS 163.395.
    (g) Sodomy in the first degree under ORS 163.405.
    (h) Unlawful sexual penetration in the second degree under ORS 163.408.
    (i) Unlawful sexual penetration in the first degree under ORS 163.411.
    (j) Sexual abuse in the second degree under ORS 163.425.
    (k) Sexual abuse in the first degree under ORS 163.427.
    (L) Using a child in a display of sexual conduct under ORS 163.670.
    (m) Encouraging child sexual abuse in the first degree under ORS 163.684.
    (n) Incest under ORS 163.525.
    (o) Promoting prostitution under ORS 167.012.
    (p) Compelling prostitution under ORS 167.017.
    (q) Luring a minor under ORS 167.057.
    (3) A prosecution for any of the following misdemeanors may be commenced within four years after the commission of the crime or, if the victim at the time of the crime was under 18 years of age, anytime before the victim attains 22 years of age or within four years after the offense is reported to a law enforcement agency or the Department of Human Services, whichever occurs first:
    (a) Sexual abuse in the third degree under ORS 163.415.
    (b) Furnishing sexually explicit material to a child under ORS 167.054.
    (c) Exhibiting an obscene performance to a minor under ORS 167.075.
    (d) Displaying obscene materials to minors under ORS 167.080.
    (4) In the case of crimes described in subsection (2)(L) of this section, the victim is the child engaged in sexual conduct. In the case of the crime described in subsection (2)(n) of this section, the victim is the party to the incest other than the party being prosecuted. In the case of crimes described in subsection (2)(o) and (p) of this section, the victim is the child whose acts of prostitution are promoted or compelled.
  • 10-19-2011, 09:43 AM
    designit
    Re: Statute of Limit on Sexual Assault or Rape is
    Haha... Thanks for the info... Good stuff there... But I think I'm a little premature on the 'rape' thing... -- I have heard reports of what would be 'rape' (no doubt) but the victim is obviously scared to talk about it with me...

    At this point, it's only things like: Victim enters house, offending person backs victim into corner behind door & makes unwanted advances, sex talk, touching etc. (all these sorts of things.)

    What could something along those lines be called? Harassment? Sexual harassment? -- Something more (when repeated several times)?

    thx.
  • 10-19-2011, 12:01 PM
    free9man
    Re: Statute of Limit on Sexual Assault or Rape is
    Quote:

    Quoting designit
    View Post
    offending person backs victim into corner behind door

    If victim is restrained/prevented from leaving, it's criminal. Possibly kidnapping/unlawful detention.

    Quote:

    Quoting designit
    View Post
    & makes unwanted advances, sex talk, touching etc.

    Harrasment, harassment, and the touching is sexual abuse of one degree or another, likely felonious.
  • 10-19-2011, 02:28 PM
    cyjeff
    Re: Statute of Limit on Sexual Assault or Rape is
    I vote for sexual abuse. See above.
  • 10-19-2011, 02:36 PM
    cdwjava
    Re: Statute of Limit on Sexual Assault or Rape is
    What did the police say when the person reported this "assault" to them?

    They should be able to get all the facts and determine what crime it was.
  • 10-19-2011, 04:24 PM
    designit
    Re: Statute of Limit on Sexual Assault or Rape is
    Extremely complex set of circumstances... And they did nothing, because of it...

    What's the sol on that?... Sexual abuse... 48 something man vs. 33 y.o. woman

    All good things in their own time...
  • 10-19-2011, 04:32 PM
    cdwjava
    Re: Statute of Limit on Sexual Assault or Rape is
    If a felony, it appears the state has 6 years. If a misdemeanor, 4 years. The ages at this point mean nothing in particular if they were both adults and the suspect was not in a position of authority over the victim.

    And if the elements cannot be proven, then it's all over. Time is not likely to make it easier to prosecute.
  • 10-19-2011, 07:11 PM
    designit
    Re: Statute of Limit on Sexual Assault or Rape is
    Quote:

    Quoting cdwjava
    View Post
    And if the elements cannot be proven, then it's all over. Time is not likely to make it easier to prosecute.

    What about repeated instances "over time" in the last 3 years?...

    And when you say "proven".. Let's be honest... It's he said, she said... And under the Violence against women act of '95... "it's SHE said" (right? ;-)
  • 10-19-2011, 07:15 PM
    cdwjava
    Re: Statute of Limit on Sexual Assault or Rape is
    Quote:

    Quoting designit
    View Post
    What about repeated instances "over time" in the last 3 years?...

    And when you say "proven".. Let's be honest... It's he said, she said... And under the Violence against women act of '95... "it's SHE said" (right? ;-)

    The SOL for an offense extends from the time the offense is committed or discovered (depending on the offense).

    Whether it can be proven or not is a matter for the police and the DA to determine - in spite of your apparent cynicism.

    If someone you know continues to behave in a manner that could land him in jail, perhaps he should knock it off. If someone you know is on the receiving end, she should report it to the police and/or obtain a restraining order against the perpetrator. At the very least, stay away from him.

    Since you are being rather obtuse about the details, that is about the best info that can be provided under the circumstances.
  • 10-19-2011, 08:37 PM
    designit
    Re: Statute of Limit on Sexual Assault or Rape is
    Thanks CDW...

    I have a few questions for you... Based on that Q&A... It will become evident, why I'm being 'obtuse'... :-)

    --

    You married? -- IF so, do you love your partner? -- Would you do anything for her? (sorry, I assume you're a man)...

    More to the point... When I say "would you do anthing for her"... I mean, -- would you "lay it down", if you were charged with a fairly minor crime -- when at the same time you had a "hunch" of what was going on, -- but couldn't "PROVE" it to a lawyer, Judge or Jury?...
  • 10-19-2011, 09:43 PM
    cdwjava
    Re: Statute of Limit on Sexual Assault or Rape is
    I have no idea what you mean to imply by "lay it down."

    Either she is a victim, or she is not. If she does not like what is happening, she - or somebody - needs to go to the police or get her help. She is an adult and is expected to take some actions to protect herself. The system will not work to protect her if she is being assaulted and chooses not to do anything or tell anyone.

    Unless you are willing to provide more info, I suspect this thread is about done.
  • 10-19-2011, 11:15 PM
    designit
    Re: Statute of Limit on Sexual Assault or Rape is
    Not a bad idea... Thread closed.
  • 10-20-2011, 05:49 AM
    viol8te
    Re: Statute of Limit on Sexual Assault or Rape is
    Whew... The more this guy posts, the more I think Richard Speck ain't actually dead!
  • 10-20-2011, 09:46 AM
    designit
    Re: Statute of Limit on Sexual Assault or Rape is
    Quote:

    Quoting viol8te
    View Post
    Whew... The more this guy posts, the more I think Richard Speck ain't actually dead!

    Hmm.. That was a bit uncalled for.
  • 10-20-2011, 11:57 AM
    viol8te
    Re: Statute of Limit on Sexual Assault or Rape is
    Quote:

    Quoting designit
    View Post
    Thanks CDW...

    I have a few questions for you... Based on that Q&A... It will become evident, why I'm being 'obtuse'... :-)

    --

    You married? -- IF so, do you love your partner? -- Would you do anything for her? (sorry, I assume you're a man)...

    More to the point... When I say "would you do anthing for her"... I mean, -- would you "lay it down", if you were charged with a fairly minor crime -- when at the same time you had a "hunch" of what was going on, -- but couldn't "PROVE" it to a lawyer, Judge or Jury?...

    No sir(I assume you are male,) That was a bit uncalled for.
  • 10-20-2011, 05:03 PM
    designit
    Re: Statute of Limit on Sexual Assault or Rape is
    Quote:

    Quoting viol8te
    View Post
    No sir(I assume you are male,) That was a bit uncalled for.

    The #1 thing libs will do?

    Answer for others... (Now that's just down right stupid!)

    Look, no hard feelings for being called out like that the other day & having been shown, -- well, -- that you're just flat out wrong on some issues. I know how hard that must be to accept. :-)

    Good day...
  • 10-20-2011, 05:14 PM
    viol8te
    Re: Statute of Limit on Sexual Assault or Rape is
    Not worth the time my friend. I appreciate your attempts to bait people in, but nobody can agree with anything you spew. Your on an island to yourself. Can't do it. I'd hate myself in the morning if I went after you. Go back to throwing yourself at women against their will and validating it. Hell, maybe there is a sexual deviance forum out there. You'd fit right in.

    BTW, how the hell did I go from Conservative to Liberal? I'm all over the place. Smile!
  • 10-20-2011, 06:20 PM
    designit
    Re: Statute of Limit on Sexual Assault or Rape is
    Quote:

    Quoting viol8te
    View Post
    Not worth the time my friend. I appreciate your attempts to bait people in, but nobody can agree with anything you spew. Your on an island to yourself. Can't do it. I'd hate myself in the morning if I went after you. Go back to throwing yourself at women against their will and validating it. Hell, maybe there is a sexual deviance forum out there. You'd fit right in.

    BTW, how the hell did I go from Conservative to Liberal? I'm all over the place. Smile!

    Obviously it's worth your time.

    Bait people? -- that's interesting, please expand.

    I'm not looking for people to 'agree'.. The truth is the truth.

    In perspective, we're all on an island.

    Went after me? (oh brother) Why would you do that? (I'm happily married)

    Go back to _____________? -- What in the f#8k are you talking about? Weirdo!

    Sexual deviance forum?... (they wouldn't accept membership app, sorry)

    And last but not least, -- At least you're on the 'right' side of things... -- But so strangely and obviously wrong at the same time... (no surprise based on previous input) I forgive you.
  • 10-20-2011, 07:02 PM
    viol8te
    Re: Statute of Limit on Sexual Assault or Rape is
    Your attempts coming off as intellectual can be quite humorous. It's like listening to Roy Jones commentate an HBO fight. It's like Magic Johnson as an analyst during the playoffs. I changed my mind, keep this going. You really do a great job of passing my time.
  • 10-20-2011, 08:16 PM
    designit
    Re: Statute of Limit on Sexual Assault or Rape is
    Too busy watching UCLA / AZ & the WS...

    It'll have to wait until tomorrow. -- brews and blogs don't mix. :-)
All times are GMT -7. The time now is 05:24 AM.
Powered by vBulletin® Version 4.2.4
Copyright © 2023 vBulletin Solutions, Inc. All rights reserved.
Copyright © 2004 - 2018 ExpertLaw.com, All Rights Reserved