Ohio’s Civil Statute of Limitations and What It Means for Sexual Assault Cases

When it comes to seeking justice for sexual assault in Ohio, understanding the rules and limits governing the civil statute of limitations is essential.

In general, the statute of limitations for civil sexual assault in Ohio is two years after the incident for adults and 12 years after the victim turns 18 for minors.

Filing a civil sexual assault claim can be an effective way to seek justice and financial compensation for your ordeal, but you’ll need to be mindful of the time constraints involved.

If you’re not sure how much time you have to file a civil claim or lawsuit in Ohio, working with an experienced sexual assault plaintiff lawyer can help. A lawyer can provide you with invaluable guidance during the legal process and help you maximize your chance of obtaining the justice and compensation you deserve within the legal timeframe.

What Is a Statute of Limitations and Why Is It Needed in Criminal and Civil Litigation?

As the name implies, a statute of limitations is a legal principle that sets a specific time frame within which a plaintiff (or a prosecutor in the case of criminal charges) can bring a legal action to court. It acts as a time limit, dictating the period during which a claim or lawsuit can be filed after a particular incident has occurred.

Plaintiffs looking to file a civil claim should also be aware of the differences in timeframes between civil and criminal statutes of limitations. For example, if the assault took place over two years ago, criminal charges can likely still be filed against the alleged perpetrator, whereas the timeframe for filing a civil claim has likely passed.

Statutes of limitations are needed for several reasons. First and foremost, they encourage the timely resolution of legal disputes. Waiting too long to bring a claim can lead to fading memories, loss of evidence and difficulties in locating witnesses (whose memories may have also faded). A fresh and accurate presentation of evidence is crucial for the pursuit of justice.

Civil Statute of Limitations for Sexual Assault in Ohio

In Ohio, the civil statute of limitations for adult survivors of sexual assault is generally two years from the date of the incident. Essentially, survivors have a limited window to initiate legal action and seek financial restitution.

For child survivors of sexual assault, the civil statute of limitations is significantly extended. Ohio law allows victims to file a civil claim until their 30th birthday (up to 12 years after they turn 18), providing them with more time to come forward and seek justice for the harm they've endured. The reasoning behind this extended statute of limitations is to acknowledge that many individuals may need years to process the trauma they suffered as children and make the decision to pursue legal action.

Comparison to Criminal Statute of Limitations

It's important to distinguish between the civil and criminal statute of limitations. While the civil statute pertains to seeking compensation for damages, the criminal statute of limitations pertains to the time frame during which criminal charges can be brought against an alleged perpetrator.

In Ohio, the criminal statute of limitations for sexual assault cases is generally 20 years for adults and 12 years after they turn 18 for child survivors.

Additionally, the criminal statute of limitations can be extended by five years if new DNA evidence has been discovered, even if the 20-year or 12-year limit has already expired.

Civil Versus Criminal Sexual Assault Cases

Civil and criminal sexual assault cases differ in their primary objectives and burden of proof. In a criminal case, the state or federal prosecution seeks to hold the alleged perpetrator accountable for violating criminal laws. Conviction can lead to penalties, including imprisonment, fines and probation.

Conversely, a civil sexual assault case aims to compensate the survivor for the physical, emotional and financial damages they've suffered due to the assault.

The burden of proof is lower in civil cases than in criminal cases and lies solely with the plaintiff. While a criminal case requires proof "beyond a reasonable doubt," a civil case requires a "preponderance of the evidence," meaning the plaintiff must only prove that it is more likely than not the assault occurred.

How Can I Benefit from Filing a Civil Sexual Assault Lawsuit?

As a sexual assault survivor, filing a civil sexual assault lawsuit can provide you with a sense of empowerment, validation and financial compensation for the harm you’ve endured. Compensation can cover medical expenses, therapy costs, lost wages, pain and suffering and other damages resulting from the assault.

Moreover, pursuing a civil lawsuit can bring awareness to the issue of sexual assault and potentially empower people with similar experiences to come forward and seek justice for themselves.

How a Skilled Personal Injury Lawyer Can Help with Your Case

Navigating the legal complexities of a civil sexual assault lawsuit requires expertise and sensitivity. Since it’s up to you, the plaintiff, to prove your case, hiring a skilled personal injury lawyer experienced in handling sexual assault cases can be of great benefit.

An accomplished attorney can guide you through the legal process, gather necessary evidence, build a strong case and negotiate with the opposing party in pursuit of maximum compensation.

Contact the Sexual Assault Plaintiff Lawyers at the Buckeye Law Group

If you’re a survivor of sexual assault, you have every right to explore your civil legal options and seek monetary compensation for your ordeal.

While we cannot erase the past, we can help you get closure and build a better future by providing you with comprehensive legal guidance, emotional support and a safe space to share your story.

Our attorneys serve Ohio residents located in the greater Cleveland, Columbus, Cincinnati, Dayton, Toledo and Akron areas.

To discuss your case for free, call us at 1-800-411-PAIN.