To file a sexual abuse lawsuit in Ohio, you generally have two years from the date of the incident if the abuse occurred after you turned 18 and until you turn 30 if the abuse happened when you were a minor. Criminal cases have varying statutes of limitations, with some offenses having no time limit at all.
Ohio law also allows exceptions in certain cases, such as when new evidence emerges or if you cannot recognize the abuse at the time. Talk to an experienced Columbus sexual abuse lawyer to learn the exact deadline for your case.
Ohio’s Statute of Limitations for Sexual Abuse Cases
Ohio has specific time limits for filing sexual abuse lawsuits, which vary depending on the survivor’s age at the time of the abuse. If the abuse happened when you were an adult (18 or older), you may have two years from the date of the incident to take legal action. This is based on Section 2305.10 – Ohio Revised Code.
Survivors of childhood sexual abuse in Ohio usually have 12 years to file a lawsuit, beginning when they turn 18. This means they have until their 30th birthday to take legal action against the abuser or any responsible institution. This extended timeframe recognizes that many survivors may need years to process their trauma before coming forward.
If you do not file a lawsuit within this period, you may lose your right to seek fair compensation. Also, the sooner you hire a lawyer, the more time they can spend working on your case, building a stronger claim against the defendant.
For a free legal consultation, call 614-481-6000
Civil vs. Criminal Statutes of Limitations
The survivor files a civil lawsuit to seek financial compensation for damages such as emotional distress, medical expenses, and lost wages. In Ohio, survivors of childhood sexual abuse have until age 30 to file a civil lawsuit. If the abuse happened when the person was an adult, they typically have two years to sue.
On the other hand, the state can bring a criminal case to prosecute the abuser and potentially sentence them to prison. The time limits for filing criminal charges vary based on the severity of the offense.
For felony rape and sexual battery, there is generally no statute of limitations, meaning charges can be filed at any time. However, for some other sexual offenses, prosecutors must bring charges within 20 to 25 years after the crime occurs.
Exceptions and Extensions to the Filing Deadline
How long you have to file a sexual abuse lawsuit in Ohio depends on the state’s strict deadlines. However, some exceptions and extensions may allow survivors more time to take legal action. These exceptions, known as tolling provisions, pause or extend the filing deadline under specific circumstances. Other special exceptions may also apply.
Tolling provisions and special circumstances that may extend the filing period include:
- Delayed discovery rule: If a survivor does not immediately recognize the harm caused by the abuse, the statute of limitations may be extended.
- Minor victims: The statute of limitations does not start counting down until the survivor turns 18, which gives them until the age of 30 to file a civil lawsuit.
- New evidence: If new evidence comes to light that supports the survivor’s case, the deadline may be extended.
- Fraud or concealment: If the abuser or an institution hides evidence or prevents the survivor from coming forward, the filing period may be extended.
- Mental incapacitation: If the survivor was mentally incapacitated at the time of the abuse or afterward, the court may allow extra time to file.
After carefully examining the specific details of your case, a sexual abuse attorney can determine whether any legal exceptions apply that might extend the time you have to file a lawsuit. Based on this review, the attorney can identify the exact filing deadline and guide you through the legal process to ensure you take action before time runs out.
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A Lawyer Can Determine How Long You Have to File a Sexual Abuse Lawsuit in Ohio
A lawyer will explain exactly how long you have to file a sexual abuse lawsuit in Ohio based on your unique situation. They will review the details of your case, including when the abuse happened, your age at the time, and whether any exceptions apply that could extend the filing deadline.
The legal team at Cooper Elliott has over 100 years of combined legal experience helping clients rebuild their lives after traumatic events. We offer compassionate legal services to sexual abuse survivors in Ohio. Our lawyers urgently and carefully handle every case.
An attorney from our team can explain your legal options, ensure you meet important deadlines, and pursue a claim for you. Speaking with us immediately can prevent you from missing your chance to hold the abuser accountable. Call us today for a free, confidential consultation
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