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  1. #1

    Default 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!

  2. #2
    Join Date
    Oct 2011
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    2

    Default 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.

  3. #3
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    Jul 2010
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    8,006

    Default 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.

  4. #4

    Default 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.

  5. #5
    Join Date
    Jul 2010
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    8,006

    Default 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
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    & makes unwanted advances, sex talk, touching etc.
    Harrasment, harassment, and the touching is sexual abuse of one degree or another, likely felonious.

  6. #6
    Join Date
    Mar 2007
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    9,096

    Default Re: Statute of Limit on Sexual Assault or Rape is

    I vote for sexual abuse. See above.

  7. #7
    Join Date
    Sep 2005
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    Default 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.

  8. #8

    Default 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...

  9. #9
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    Sep 2005
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    California
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    20,594

    Default 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. #10

    Default 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? ;-)

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