Oklahoma Criminal Statute of Limitations Laws
Posted by Tamara
Oklahoma is one of several states that have recently extended the statute of limitations on crimes involving DNA identification. Each state sets its own criminal statutes of limitations.
Under the Oklahoma criminal statute of limitations laws, the statute of limitations for sexual assault, or rape, is 7 years. In cases involving DNA evidence, the case may be reopened for another 3 years when new evidence is presented. Misdemeanors and petty charges often have a statute of limitations of one to two years. Essentially, if someone is not charged within that period, he or she can never be tried for the crime. The statute of limitations does not apply if the suspect is a fugitive, or cannot be located for prosecution. It also may not apply if new, previously unknown evidence becomes known, or if a suspect concealed evidence of the crime.
The Oklahoma criminal statute of limitations laws were updated in 2002 and 2005. Earlier laws may still apply to crimes committed before 2002, especially if there is no DNA evidence. Currently, Oklahoma law has a seven year statute of limitations for sex crimes such as rape. However, changes in forensic science have made it possible to match samples with a suspect many years after that statute of limitations has passed, according to State Senator Jonathon Nichols. That’s why he and State Senator Billy Mickle co-authored Senate Bill 1428, which extended the statute of limitations in cases involving DNA identification of suspects.
“Often a person who commits sex crimes is actually a serial rapist. By the time they have been caught, they might have committed dozens of attacks. If we have the evidence that links them to the crime, we need to be able to prosecute them, whether it has been a 10 days or 10 years. It is never too late to bring them to justice,” said Mickle.
Under current Oklahoma criminal statute of limitations laws, the statute of limitation on crimes of such as rape, forcible sodomy and lewd molestation are eliminated as long as there is DNA evidence from the victim or crime scene that had been properly preserved.
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