I’m not sure if this belongs here or in IMHO, but here goes.
I have a friend (it really is a friend) whose daughter was molested about 13 years ago. My friend knew nothing of the molestation until just recently. The perp now lives in another state (CO) and is being brought up on charges for other molestations in CO. My friend’s daughter gave a statement to the investigator in CO, but doesn’t want to get involved with anything here. My friend wants to nail this guy here in Oregon as well.
What options does she have for trying to get this guy brought up on charges here in Oregon? My friend’s daughter is now a legal adult if that makes any difference.
Many states have laws that allow prosecution into adulthood. The regular statute of limtations like 5 years or 7 years doesn’t usually apply to childhood molestation. Usually it is a set period of years after the child reaches adulthood that they can prosecute.
That is correct. Older allegations of childhood sexual abuse aren’t that rare although that can be both good and bad depending on whether the defendant is really guilty of something that happened so long ago that all evidence will likely be sketchy. The Catholic church here in Boston had to pay out for hundreds of such cases in the priest-child molestation scandals and many of those went back many decades. At least one elderly priest was convicted (and later murdered in prison) in part because of old molestations. I don’t know the law in Oregon but I know it can be done in many if most states.
Maybe a consultation with a lawyer is in order. I assume it will the District Attorney’s office that ultimately decides to prosecute or not so it will be prudent to have someone that can successfully argue to the DA that this is something that should be pursued.
IAAL. I am not your lawyer, or your friend’s lawyer, or your friend’s daughter’s lawyer. I’m also not licensed in your jurisdiction. If I were to give you any advice at all, it would be to contact the district attorney in the county where the abuse is alleged to have taken place. That attorney is best situated to tell you whether this is worth pursuing.
That said, Oregon Revised Statute 131.25 does set out an extended statute of limitation for prosecution for various offenses:
Because the SOL seems to depend on the crime or crimes committed, it is best to consult the district attorney, who is in the best position to tell you, based on the facts of the case, what crimes could be charged.
My former stepdaughter was repeatedly molested, in her early teens, by an older
teen aged boy. She kept this to herself, out of fear that she was responsible and
would be punished. In her early 20’s she encounter the guy, whom she hadn’t seen or
heard about in years. She went to the D.A., at my urging, and in the end there was a
very mild plea bargain, w/ the guy admitting to some minor charge and getting a few
months probation. She felt violated again and let down by the justice system.
I would suggest that the young woman’s wishes be respected. She’s the one who has
to relive the experiences if the situation is pursued. If she has put this behind her, it
may very well be better not to pressure her to go through it again. Especially if the
guy in question is already being prosecuted for another incident.
I was only married to her mother for a couple years. I believe her mother bears a
great deal of responsibility for the way events turned out. I hurt for this kid and felt
frustrated that I couldn’t be of more help. I first discussed putting it behind her, but
she was very angry and wanted revenge, so I encouraged her to seek it through legal
channels. In the end, I think she wishes she had let it alone. It’s a really tough call. I
wish you friend well, I hope they think this through very carefully before proceeding.
My question had less to do with the statute of limitations and more to do with whether or not my friend can pursue anything without the help of her daughter. As I said, the daughter is understandably reticent to do much about this, but my friend would like to do whatever she can.
It sounds like the best bet it just to talk with the district attorney and go from there. I had advised her to talk with child protective services to see if they had any suggestions. Since the daughter isn’t involved, I just wasn’t sure what anyone could do in this case.
That truly is a matter for the prosecuting attorney. It is going to depend, in large part, on how important the daughter’s testimony will be. If her testimony is the only evidence to support charges, and she is unwilling to testify, my bet is that the prosecutor would take a pass. It just is too hard to try to prove a case when your complaining witness doesn’t want to cooperate. But call the prosecutor, because he or she can tell you whether it’s even possible to go forward without a complaining witness.