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Ohio has some of the shortest statutes of limitations for sexual abuse lawsuits in the nation. Because of this, victims must file promptly. Understanding Ohio’s statute of limitations can help survivors file on time and get the justice they deserve.
Ohio, like other states, has a statute of limitations for civil sexual abuse lawsuits. For child survivors of abuse, the statute of limitations is 12 years. For adults, it’s two years from the date of injury. Although there are some special tolling exceptions to these deadlines, it benefits victims to always follow the standard statute of limitations in case exceptions do not apply. If you wait, you may lose your opportunity to sue a sexual abuser in Ohio.
The Law Office of Andrew Shubin is dedicated to supporting survivors. Our team can help you file a lawsuit in Ohio within the correct statute of limitations. Call the sexual abuse victim attorneys at The Law Office of Andrew Shubin today for a free case evaluation at (814) 826-3586.
Why Is There a Statute of Limitations for Sexual Abuse Lawsuits in Ohio?
Statutes of limitations are specific periods within which victims can sue offenders. In sexual abuse lawsuits, this sets the filing deadline for victims in Ohio. This deadline exists for several reasons, mainly to protect defendants.
Filing deadlines under statutes of limitations vary state by state. They primarily exist to protect defendants from litigation filed years after the events. Waiting too long to file a lawsuit against an abuser may cause your evidence to degrade or can allow witnesses to forget what happened.
Over time, it can be harder to successfully sue an abuser for sexual abuse in Ohio. Experienced lawyers, like the Ohio sexual abuse victim attorneys at The Law Office of Andrew Shubin, can help victims sue an abuser. It’s important to file as soon as you feel ready to recover damages and hold an abuser responsible.
What Is the Statute of Limitations for a Sexual Abuse Lawsuit for Minors in Ohio?
As with many other states, Ohio has a longer statute of limitations for minor victims of sexual assault than for adult victims. That being said, Ohio’s statute of limitations is relatively short, compared to other states.
For victims of child sexual abuse, the statute of limitations to file a lawsuit is 12 years from the date of accrual in Ohio. Depending on the case, the 12-year statute of limitations begins when a victim turns18, according to Ohio Rev. Code Ann. § 2305.111(C). That means that victims of child abuse in Ohio must file a lawsuit before they turn 30 years old.
Of course, minors can file a lawsuit against an abuser with their parents before turning 18. However, minors cannot file a lawsuit independently until they turn 18.
What Is the Statute of Limitations for a Sexual Abuse Lawsuit for Adults in Ohio?
There is no special statute of limitations for sexual abuse lawsuits for adults in Ohio. The statute of limitations for sexual abuse of an adult is the same as the filing deadline for intentional assault or battery, which is relatively short. According to Ohio Rev. Code Ann. § 2305.111(B)(1), adults of sexual abuse have just one year to sue a known abuser. That is a very short period. Adult victims of sexual abuse need to consult with an experienced attorney quickly after they’ve been abused. If you are unaware of the statute of limitations to sue an offender in Ohio, you may miss your opportunity.
Since there is no special statute for adult victims of sexual abuse as for minor victims, it can be more difficult for adults to file a lawsuit on time. Adult victims need to immediately consult with a lawyer, like The Law Office of Andrew Shubin’s Ohio sexual abuse victim attorneys. If you do not bring a lawsuit within the statute of limitations, you can lose your right to sue.
Does Ohio Have Tolling Exceptions to the Statute of Limitations for Sexual Abuse Lawsuits?
Ohio does have some tolling exceptions for the statute of limitations for sexual abuse lawsuits. However, they do not apply to every case. If these tolling exceptions apply to you or a loved one, you may be able to sue an offender even if the standard statute of limitations has lapsed.
There is a tolling exception for mentally impaired individuals who are victims of sexual abuse. According to Ohio Rev. Code Ann. 2305.111(C), mentally impaired abuse victims between 18 and 22 have twelve years to sue an offender for sexual abuse. That is only the case when abuse happens during those ages, however. In such instances, victims would have until the ages of 30 to 32 to file a lawsuit against an abuser.
For adult victims of sexual abuse whose abuser is not known to them, the statute of limitations is tolled until their abuser’s identity becomes known, according to Ohio Rev. Code Ann. § 2305.111(B)(2). This can give some adult victims of sexual abuse a bit more time to file a lawsuit against an abuser.
Our Attorneys Can Help You File a Sexual Abuse Lawsuit in Ohio
Understanding the statute of limitations for filing a sexual abuse lawsuit in Ohio gives victims the power to choose whether they sue an abuser. To schedule a free case evaluation, call Ohio sexual abuse victim attorneys at The Law Office of Andrew Shubin today at (814) 826-3586.