Category: people

Child sexual abuse is a devastating crime that can have lifelong effects on the survivors. It is essential to hold perpetrators accountable for their actions and provide justice to the victims. However,navigating the legal system can be complex,especially when it comes to the statute of limitations (SOL). In Ohio,the civil SOL for child sexual abuse cases is age thirty against all defendants with a fraudulent concealment rule. Let’s delve deeper into the intricacies of the statute of limitations for child sexual abuse in Ohio. We interviewed John Bey,Ohio Sexual Abuse Attorney,on the topics discussed in this article,It is crucial for survivors to understand these nuances and seek legal guidance to ensure their rights are protected. However,it is important to consult with an experienced attorney like myself,John Bey,for personalized advice based on the specific circumstances of each case.

Civil SOL

The civil SOL in Ohio imposes an age cap of thirty,meaning that survivors of child sexual abuse have until the age of thirty to file a lawsuit against their abusers. This age cap allows survivors a considerable amount of time to come forward and seek legal action. However,it is important to note that this limitation period is subject to a fraudulent concealment rule.

The fraudulent concealment rule is a provision added in 2006 to toll the statute of limitations in cases of fraudulent concealment by the defendant. If the defendant has intentionally hidden the facts that form the basis of the claim,the limitations period is tolled until the victim discovers or,in the exercise of due diligence,should have discovered those facts. This provision acknowledges the manipulative tactics often employed by abusers to prevent their actions from coming to light. However,it is worth mentioning that the application of this rule to child sexual abuse cases,particularly those involving institutional and government defendants,is yet to be clarified.

Revival Law

While Ohio recognizes the fraudulent concealment rule,it does not have a specific window or revival law for child sexual abuse cases. Revival laws provide an opportunity for survivors to file claims even if their original statute of limitations has expired. In the absence of such a law,survivors must ensure they file their claims within the specified age cap or meet the requirements of the fraudulent concealment rule.

Discovery tolling is another important aspect to consider. In 1994,Ohio recognized that its common law discovery rule applied to cases involving repressed memories of child sexual abuse. The discovery rule allows survivors to file a lawsuit within a certain time period after discovering the abuse or after they should have reasonably discovered it. However,in 2006,the Ohio Supreme Court ruled that the common law discovery rule no longer applies to any child sexual abuse claims filed after 2006. The newly enacted retroactive statutes of limitations apply the discovery rule only in cases of fraudulent concealment,limiting its scope significantly.

It is worth noting that Ohio does not have a statutory discovery rule specific to child sexual abuse cases. This means that survivors must adhere to the age cap and the fraudulent concealment rule when filing their claims.

Institutional defendants may also be held vicariously liable for the wrongful conduct of their employees under respondeat superior. This doctrine holds institutions responsible for the actions of their employees,ensuring that survivors can seek justice from both individual abusers and the institutions that enabled their abuse.

Conclusion

Understanding the statute of limitations is crucial for survivors of child sexual abuse in Ohio. While the civil SOL allows survivors until the age of thirty to file a lawsuit,the fraudulent concealment rule can toll the limitations period if the defendant intentionally concealed the abuse. Survivors should seek legal counsel to navigate these complexities and ensure their rights are protected. It is important to remember that this information is current as of September 2021,and it is advisable to consult with a legal professional or refer to the most up-to-date statutes and case law when dealing with specific cases.

Map of Ohio