Here Is What Is Happening In Oklahoma
Civil Statute of Limitations
Discovery Rule: Yes
Limitations Period: 18 + 2 years
5 years after perpatrator's release from prison
Tolling:  Yes
  • 2-Year Statute of Limitations for Childhood Sexual Abuse Claims : Child sexual abuse victims have 2 years after the last incident of abuse that caused the injuries to file their claims. Okla. Stat. Ann. 12 § 95(6)(a) (2008).
     
  • Delayed Tolling for Minors : Generally, persons under 18 years of age may bring their cause of action within 2 years after reaching the age of majority.

  • If abuser is imprisoned: Alternatively, if the abuser is in a state, federal or local correctional facility or jail, the victim has 5 years from their release to file their claim. The statute of limitations will begin to run at whichever date is later. Okla. Stat. Ann. 12 § 95(6)(b) (2008).
     
  • 20-Year Statute of Limitations for Claims Against Incarcerated Abusers  : Victims may file claims against at any time during the incarceration of the offender for injuries caused by criminal actions, but any action against an incarcerated abuser must be commenced within 20 years of the victim turning 18. Okla. Stat. Ann. 12 § 95(6)(b), (7) (2008).
     
  • Discovery/”Should Have Discovered” Rule: 2-Year extension  : Victims alternatively have two years from the “time the victim discovered or reasonably should have discovered that the injury or condition was caused by the act or that the act caused the injury for which the claim is brought.” Okla. Stat. Ann. 12 § 95(6)(b) (2008).
Criminal Statute of Limitations
Statute of Limitations Period: Discovery + 12 years for felonies
3 years after offense for other offenses
Tolling: Yes
Exceptions Yes
  • 12-Year Statute of Limitations for Felony Sexual Offenses; All Others 3 Years  : A 12-year statute of limitations exists for sexual offenses against minors that are classified as felonies after discovery of the offense. Discovery means the date that the crime against a minor was reported, or one year after the victim turns 18.
    • For all other offenses, there is a 3-year statute of limitations after the date of the offense. Okla. Stat. Ann. 22, § 152(C)(1), (H), (F) (2008).

  • DNA Evidence Exception : A prosecution against these offenses may be brought any time after the offense as long as the victim reported the abuse with in 12 years after discovery, physical evidence which can provide a DNA sample was collected, and the abuser can be identified by this DNA. The prosecution must be commenced within three years from the date on which the identity of the suspect is established by DNA testing. Okla. Stat. Ann. 22, § 152(C)(2) (2008).
     
State Outreach Organizations
Survivors Network of those Abused by Priests: Oklahoma

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