Oregon

 
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The Laws That Should Protect Our Children

Current Civil SOL in a nutshell

SOL vs. perp: Age 40 SOL vs. employer: Age 40

Majority Tolling: Age 18 Discovery Tolling: Liberal (Discovery + 5 years)

Age 40, or +5 from liberal discovery, all claims. SOL: Ore.Rev.Stat. § 12.117 (1) Notwithstanding ORS 12.110, 12.115 or 12.160, an action based on conduct that constitutes child abuse or conduct knowingly allowing, permitting or encouraging child abuse that occurs while the person is under 18 years of age must be commenced before the person attains 40 years of age, or if the person has not discovered the causal connection between the injury and the child abuse, nor in the exercise of reasonable care should have discovered the causal connection between the injury and the child abuse, not more than five years from the date the person discovers or in the exercise of reasonable care should have discovered the causal connection between the child abuse and the injury, whichever period is longer.

TOLLING

  1. Majority, yes . Age 18. Or. Rev. Stat. § 12.117(1).

  2. Discovery, yes liberal.

a. Or. Rev. Stat. § 12.117(1) (…or if the person has not discovered the causal connection between the injury and the child abuse, nor in the exercise of reasonable care should have discovered the causal connection between the injury and the child abuse, not more than five years from the date the person discovers or in the exercise of reasonable care should have discovered the causal connection between the child abuse and the injury, whichever period is longer.)

Current Criminal SOL in a nutshell

Age 30 (effective 2005) Age 24 (prior to 2005)

Before the victim attains 30 years of age or within 12 years after the offense is reported to a law enforcement agency, whichever is first. Or. Rev. Stat. § 131.125 (2). Where a DNA identification has been made SOL is None for Rape in the first degree, sodomy in the first degree, unlawful sexual penetration in the first degree or sexual abuse in the first degree. Where DNA identification has been made SOL is + 25 years for Rape in the second degree, sodomy in the second degree or unlawful sexual penetration in the second degree. Or. Rev. Stat. § 131.125 (9) (a)-(b). Or. Rev. Stat. § 131.125 (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, any time 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) Strangulation under ORS 163.187 (4).

(b) Criminal mistreatment in the first degree under ORS 163.205.

(c) Rape in the third degree under ORS 163.355.

(d) Rape in the second degree under ORS 163.365.

(e) Rape in the first degree under ORS 163.375.

(f) Sodomy in the third degree under ORS 163.385.

(g) Sodomy in the second degree under ORS 163.395.

(h) Sodomy in the first degree under ORS 163.405.

(i) Unlawful sexual penetration in the second degree under ORS 163.408.

(j) Unlawful sexual penetration in the first degree under ORS 163.411.

(k) Sexual abuse in the second degree under ORS 163.425.

(L) Sexual abuse in the first degree under ORS 163.427.

(m) Using a child in a display of sexual conduct under ORS 163.670.

(n) Encouraging child sexual abuse in the first degree under ORS 163.684.

(o) Incest under ORS 163.525.

(p) Promoting prostitution under ORS 167.012.

(q) Compelling prostitution under ORS 167.017.

(r) Luring a minor under ORS 167.057.”

LURING A MINOR –Added in 2007 — UNDER SECTION 3 OF THIS 2007 ACT., 2007 Ore. HB 2843, 2007 Ore. ALS 869, 2007 Ore. Laws 869, 2007 Ore. HB 2843

SOL WAS CHANGED FROM VICTIM’S AGE 24 TO 30, OR W/IN 6 YEARS OF REPORTING TO 12 IN 2005.

2005 Ore. HB 2316, 2005 Ore. ALS 839, 2005 Ore. Laws 839, 2005 Ore. HB 2316

(“(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 [D> 24 30 six 12

APPLICABILITY: Sept. 2005 extension available for all crimes where SOL was not yet barred on date of effectiveness:

“(Previous) SECTION 2. [A> THE AMENDMENTS TO ORS 131.125 BY SECTION 1 OF THIS 2005 ACT APPLY TO OFFENSES COMMITTED BEFORE, ON OR AFTER THE EFFECTIVE DATE OF THIS 2005 ACT, BUT DO NOT OPERATE TO REVIVE A PROSECUTION BARRED BY THE OPERATION OF ORS 131.125 BEFORE THE EFFECTIVE DATE OF THIS 2005 ACT.

2005 Ore. HB 2316, 2005 Ore. ALS 839, 2005 Ore. Laws 839, 2005 Ore. HB 2316, Approved by the Governor, September 2, 2005

“THE AMENDMENTS TO ORS 131.125 BY SECTION 1 OF THIS 2005 ACT APPLY TO OFFENSES COMMITTED BEFORE, ON OR AFTER THE EFFECTIVE DATE OF THIS 2005 ACT, BUT DO NOT OPERATE TO REVIVE A PROSECUTION BARRED BY THE OPERATION OF ORS 131.125 BEFORE THE EFFECTIVE DATE OF THIS 2005 ACT”

When the State amended the statute of limitations in Or. Rev. Stat. § 131.125, the retroactive application of the statute of limitations was not a violation of either Or. Const. art. I, § 21or the federal Ex Post Facto Clause because the statute of limitations, as applied to defendant, had not expired. Although the alleged sexual abuse supposedly occurred some 11 to 13 years before, the victim did not report the offense until one month before the indictment was returned. State v. Harberts, 198 Ore. App. 546, 108 P.3d 1201, 2005 Ore. App. LEXIS 341 (2005), review denied, 341 Ore. 80, 136 P.3d 1123, 2006 Ore. LEXIS 621 (2006).

None WHERE DNA I.D. IS PRESENT FOR Rape in the first degree, sodomy in the first degree, unlawful sexual penetration in the first degree or sexual abuse in the first degree. + 25 years for Rape in the second degree, sodomy in the second degree or unlawful sexual penetration in the second degree. Or. Rev. Stat. § 131.125 (9) (a)-(b).

Or. Rev. Stat. § 131.125 (9) (a)-(b) (“Notwithstanding subsection (2) of this section, if the defendant is identified after the period described in subsection (2) of this section on the basis of DNA (deoxyearibonucleic acid) sample comparisons, a prosecution for: (a) Rape in the first degree, sodomy in the first degree, unlawful sexual penetration in the first degree or sexual abuse in the first degree may be commenced at any time after the commission of the crime. (b) Rape in the second degree, sodomy in the second degree or unlawful sexual penetration in the second degree may be commenced within 25 years after the commission of the crime.”)

Age of Majority: 18. See, Ore. Rev. Stat. Ann. § 109.510.
Age of Consent: 18. See, Ore. Rev. Stat. Ann. § 163.315.

Age of Marriage with Parental Consent: 17.
Age of Marriage without Parental Consent: 18.
See, Or. Rev. Stat. Ann. §§ 106.010, 106.060.


Medical Neglect Statute

CIVIL MEDICAL NEGLECT STATUTE

N/A

CRIMINAL MEDICAL NEGLECT STATUTE

N/A


Religous Liberty Statute

Religious liberty statute that could put children at risk

No law as of January 2017