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Oklahoma

Civil Statute of Limitations

  • Two Year Statute of Limitations for Childhood Sexual Abuse Claims : Child sexual abuse victims have two 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 two years after reaching the age of majority. Or, alternatively, if the abuser is in a state, federal or local correctional facility or jail, the victim has five 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).
     
  • Twenty 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 twenty years of the victim turning 18. Okla. Stat. Ann. 12 § 95(6)(b), (7) (2008).
     
  • Discovery/”Should Have Discovered” Rule: Two-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

  • Twelve-Year Statute of Limitations for Felony Sexual Offenses; All Others Three 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 three-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).
     


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SOL Reform
At-a-Glance

Access our fact sheet, "Reforming Statutes of Limitations on Child Sex Abuse", by clicking the title to dispel some of the most prevalent myths on SOL reform.

Exposing the Myth

SOL reform is not anti-Catholic, nor is it directed against the Catholic Church. Click HERE to see why the argument that it is fails.

Facts About Child Sexual Abuse

Click HERE for a brief compilation and examination of a number of studies regarding childhood sexual abuse. It is clear from the numbers that something must be done - SOL reform is the most effective method of finding hidden predators.

Misinformation Spread About the NY Child Victims Act

Read our new document dispelling the untruths that have been circulated against the Child Victims Act and explaining the truth about the Child Victims Act by clicking HERE.
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