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Juvenile offender - statute of limitations

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infoseekerok

Junior Member
What is the name of your state (only U.S. law)? Oklahoma

Juvenile offender was found "guilty" (I know that's not the right verbiage in juvenile court, but I don't remember the right term) of lewd acts against a minor child. Juvenile offender was required to pay restitution.

Despite the restitution, is it still possible to file a civil case against the juvenile offender? The juvenile offender is now an adult. Does that change anything? The minor child against whom the offense was made is still a minor child.

What is the statute of limitations? I have only seen information regarding adult crimes against minor children, but I am seeking information regarding statute of limitations for a juvenile case for lewd acts against a minor child.
 


Isis1

Senior Member
What is the name of your state (only U.S. law)? Oklahoma

Juvenile offender was found "guilty" (I know that's not the right verbiage in juvenile court, but I don't remember the right term) of lewd acts against a minor child. Juvenile offender was required to pay restitution.

Despite the restitution, is it still possible to file a civil case against the juvenile offender? The juvenile offender is now an adult. Does that change anything? The minor child against whom the offense was made is still a minor child.

What is the statute of limitations? I have only seen information regarding adult crimes against minor children, but I am seeking information regarding statute of limitations for a juvenile case for lewd acts against a minor child.
how long ago since the conviction? is there a current restraining order? is the offender required to register on the sex offender's list?

and i found this

Tolling of the Statute of Limitations

In addition to late discovery, it may be possible to avoid the harsh result of a statute of limitation by arguing that the statute has been "tolled". When it is said that a statute is "tolled", it means that something has stopped the statute from running for a period of time. Typical reasons for tolling a statute of limitations include minority (the victim of the injury was a minor at the time the injury occurred), mental incompetence (the victim of the injury was not mentally competent at the time the injury occurred), and the defendant's bankruptcy (the "automatic stay" in bankruptcy ordinarily tolls the statute of limitations until such time as the bankruptcy is resolved or the stay is lifted).

Under Oklahoma law, except in cases of medical malpractice, a minor has one year after his or her eighteenth birthday to commence litigaiton. For medical malpractice litigation involving a minor under the age of 12, the minor's parent or guardian must bring suit on behalf of the minor within seven years after the act or omission giving rise to the injury. If the minor was inage 12 or older at the time of the medical malpractice injury, the minor has one year after turning 18 to file suit, but in no event may such a minor file suit less than two years from the date of infliction of the injury.
 
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infoseekerok

Junior Member
how long ago since the conviction? is there a current restraining order? is the offender required to register on the sex offender's list?

and i found this
It's been about 6 years. No restraining order but part of the court results held that the offender can not have any contact with the minor child until after the minor child turns 18. The juvenile did not have to register as a sex offender.
 

Zigner

Senior Member, Non-Attorney
I would imagine the proceedings are sealed; however, does that hinder one's rights to a civil case? That's what I don't understand.
It may mean that you won't be able to use the criminal case to further the civil case. I would suggest that you consult with an attorney.
 

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