Oregon

 
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A statute of limitation (“SOL”) is a legal deadline for pressing criminal charges or filing civil claims.  Once an SOL has expired, a claim or charge cannot be brought. The length of time during which different actions can be brought varies from state to state.  There is no SOL for certain crimes, so actions can be brought at any time. An SOL for a civil lawsuit about a contract may be different from a lawsuit about a personal injury and both may be of varying durations between different states. SOLs can begin running at different times.

Many SOLs begin to run at the time of an offense. An SOL can be “tolled”, or suspended, and won’t begin running until a triggering event. In cases of childhood sexual abuse, an SOL will often be tolled until a minor turns 18 (i.e. majority tolling). Certain discoveries, such as a realization that a person’s suffering is the result of childhood sexual abuse, can toll an SOL (i.e. discovery tolling). Also, DNA evidence newly connecting a perpetrator to a crime can sometimes be used to prosecute a criminal defendant even after the SOL has already expired.

Some states have passed laws to increase access to justice for victims of childhood sexual abuse by temporarily reviving time-barred civil claims, allowing victims to recover against perpetrators and responsible institutions.

Child Sex Abuse Statutes of Limitation and Related Laws

Current Civil SOL

In Oregon, the SOL for civil SOL is capped at age 40 (age if majority, 18, plus 22 years). There is also a discovery rule, which allows victims up to 5 years to file a claim after discovering an injury caused by the abuse.

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.


Oregon State Law Provides:

Child abuse

(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.
(2) As used in subsection (1) of this section, “child abuse” means any of the following:

(a) Intentional conduct by an adult that results in:

(A) Any physical injury to a child; or
(B) Any mental injury to a child which results in observable and substantial impairment of the child's mental or psychological ability to function caused by cruelty to the child, with due regard to the culture of the child;

(b) Rape of a child, which includes but is not limited to rape, sodomy, unlawful sexual penetration and incest, as those acts are defined in ORS chapter 163;
(c) Sexual abuse, as defined in ORS chapter 163, when the victim is a child; or
(d) Sexual exploitation of a child, including but not limited to:

(A) Conduct constituting violation of ORS 163.435 and any other conduct which allows, employs, authorizes, permits, induces or encourages a child to engage in the performing for people to observe or the photographing, filming, tape recording or other exhibition which, in whole or in part, depicts sexual conduct or contact; and
(B) Allowing, permitting, encouraging or hiring a child to engage in prostitution or commercial sexual solicitation, as defined in ORS chapter 167.

(3) Nothing in this section creates a new cause of action or enlarges any existing cause of action.

O.R.S. § 12.117

TOLLING

Majority, yes . Age 18.

Or. Rev. Stat. § 12.117(1).

Discovery, yes liberal, 5 years.

Or. Rev. Stat. § 12.117(1)

Current Criminal SOL

In Oregon, there is no criminal SOL 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, when a DNA identification has been made. The criminal SOL for for rape in the second degree, sodomy in the second degree or unlawful sexual penetration in the second degree, and where DNA identification has been made is capped at age 43 (age of majority, 18, plus 25 years). For all other crimes, the criminal SOL ends before the victim attains 30 years of age, or within 12 years of the commission of the act.

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, when a DNA identification has been made.
SOL vs. perp. (for rape in the second degree, sodomy in the second degree or unlawful sexual penetration in the second degree, and where DNA identification has been made): + 25 years from majority.
SOL vs. perp.: before the victim attains 30 years of age, or within 12 years of the commission of the act.


Oregon State Law Provides:

Limitation periods for certain crimes

(2) A prosecution for any of the following felonies may be commenced within 12 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:

(a) Rape in the first degree under ORS 163.375.
(b) Sodomy in the first degree under ORS 163.405.
(c) Unlawful sexual penetration in the first degree under ORS 163.411.
(d) Sexual abuse in the first degree under ORS 163.427.

(3) 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) 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) Sodomy in the third degree under ORS 163.385.
(f) Sodomy in the second degree under ORS 163.395.
(g) Unlawful sexual penetration in the second degree under ORS 163.408.
(h) Sexual abuse in the second degree under ORS 163.425.
(i) Using a child in a display of sexual conduct under ORS 163.670.
(j) Encouraging child sexual abuse in the first degree under ORS 163.684.
(k) Incest under ORS 163.525.
(L) Promoting prostitution under ORS 167.012.
(m) Compelling prostitution under ORS 167.017.
(n) Luring a minor under ORS 167.057.

(4) 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) Strangulation under ORS 163.187 (3).
(b) Sexual abuse in the third degree under ORS 163.415.
(c) Exhibiting an obscene performance to a minor under ORS 167.075.
(d) Displaying obscene materials to minors under ORS 167.080.

(9) If the period prescribed in subsection (8) of this section has expired, a prosecution nevertheless may be commenced as follows:

(a) If the offense has as a material element either fraud or the breach of a fiduciary obligation, prosecution may be commenced within one year after discovery of the offense by an aggrieved party or by a person who has a legal duty to represent an aggrieved party and who is not a party to the offense, but in no case shall the period of limitation otherwise applicable be extended by more than three years;
(b) If the offense is based upon misconduct in office by a public officer or employee, prosecution may be commenced at any time while the defendant is in public office or employment or within two years thereafter, but in no case shall the period of limitation otherwise applicable be extended by more than three years; or
(c) If the offense is an invasion of personal privacy under ORS 163.700 or 163.701, prosecution may be commenced within one year after discovery of the offense by the person aggrieved by the offense, by a person who has a legal duty to represent the person aggrieved by the offense or by a law enforcement agency, but in no case shall the period of limitation otherwise applicable be extended by more than three years.

O.R.S. § 131.125

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

There is no religious exemption to civil liability for parents failing to provide medical care based on faith.

Oregon Civil Statute:
None

CRIMINAL MEDICAL NEGLECT STATUTE

There is no religious exemption to criminal liability for parents failing to provide medical care based on faith.

Oregon Criminal Statute:
None


DNA Provision

Current DNA Provision

*As of December 2018

(10) Notwithstanding subsections (2) and (3) of this section, if the defendant is identified after the period described in subsection (2) or (3) of this section on the basis of DNA (deoxyribonucleic 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.

(11) Notwithstanding subsection (10) of this section, if a prosecution for a felony listed in subsection (10) of this section would otherwise be barred by subsection (2) or (3) of this section, the prosecution must be commenced within two years of the DNA-based identification of the defendant.

Or. Rev. Stat. Ann. § 131.125 (West)


Religous Liberty Statute

Religious liberty statute that could put children at risk

No law as of January 2017


The information provided is solely for informational purposes and is not legal advice. To determine the SOL in a particular case, contact a lawyer in the state.