Details

1. Ohio Rev Code Ann. 2305.10 (E)  (“An action brought by a victim of childhood sexual abuse asserting any claim resulting from childhood sexual abuse, as defined in section 2305.111 of the Revised Code, shall be brought as provided in division (C) of that section.”)

2. Ohio Rev Code Ann. 2305.111  (C)  (“An action for assault or battery brought by a victim of childhood sexual abuse based on childhood sexual abuse, or an action brought by a victim of childhood sexual abuse asserting any claim resulting from childhood sexual abuse, shall be brought within twelve years after the cause of action accrues. For purposes of this section, a cause of action for assault or battery based on childhood sexual abuse, or a cause of action for a claim resulting from childhood sexual abuse, accrues upon the date on which the victim reaches the age of majority. If the defendant in an action brought by a victim of childhood sexual abuse asserting a claim resulting from childhood sexual abuse that occurs on or after the effective date of this act has fraudulently concealed from the plaintiff facts that form the basis of the claim, the running of the limitations period with regard to that claim is tolled until the time when the plaintiff discovers or in the exercise of due diligence should have discovered those facts.”)

TOLLING.

1. Majority, yes. 18 (for most children).

a. Ohio Rev Code Ann. 2305.111  (C)

b. Ohio Rev. Code Ann. § 2305.111(A)(defining majority);

2. Discovery, no.

a. Ohio Rev Code Ann. 2305.111  (C) (“twelve years after the cause of action accrues” and “accrual at the age of majority”)

b. Pratte v. Stewart, 125 Ohio St. 3d 473, 474-75, 929 N.E.2d 415, 417-18 (Ohio 2010) (finding that R.C. 2305.111(C) does not contain tolling provision for repressed memories of childhood sexual abuse, thus discovery rule did not apply to toll statute of limitations while victim of childhood sexual abuse repressed memories of abuse).

c. STATUTORY CHOICE:  There WAS a CL discovery rule in Ohio pre 2006. Legislature enacted SOR provision of 2305.111(C)

i. Trial court properly found that the statute of limitations had expired prior to appellants filing their claims because the discovery rule was not applicable; since appellants filed the action for assault and battery before August 3, 2006, the trial court correctly applied former R.C. 2305.111 and was required to determine whether the common law discovery rule tolled the one-year statute of limitations. The abuse survivor had sufficient facts to have gone forward to the authorities with the allegations of satanic ritual abuse or to initiate a lawsuit against the identified individuals in order to determine who the unknown participants were. Doe v. Robinson, 2010 Ohio App. LEXIS 4953, 2010 Ohio 5894, (Dec. 3, 2010).

Ohio Rev. Code Ann. 2901.13 (3)  (“Except as otherwise provided in divisions (B) to (H) of this section, a prosecution of any of the following offenses shall be barred unless it is commenced within twenty years after the offense is committed. (a)  A violation of section 2903.03, 2903.04, 2905.01, 2905.32, 2907.02, 2907.03, 2907.04, 2907.05, 2907.21, 2909.02, 2909.22, 2909.23, 2909.24, 2909.26, 2909.27, 2909.28, 2909.29, 2911.01, 2911.02, 2911.11, 2911.12, or 2917.02 of the Revised Code, a violation of section 2903.11 or 2903.12 of the Revised Code if the victim is a peace officer, a violation of section 2903.13 of the Revised Code that is a felony, or a violation of former section 2907.12 of the Revised Code;”)

§ 2905.32 Trafficking in persons.

§ 2907.02 Rape.

§ 2907.03 Sexual battery.

§ 2907.04 Unlawful sexual conduct with minor.

§ 2907.05 Gross sexual imposition.

§ 2907.21 Compelling prostitution.

TOLLING: Ohio Rev. Code Ann. 2901.13 (I) (“The period of limitation for a violation of any provision of Title XXIX of the Revised Code that involves a physical or mental wound, injury, disability, or condition of a nature that reasonably indicates abuse or neglect of a child under eighteen years of age or of a mentally retarded, developmentally disabled, or physically impaired child under twenty-one years of age shall not begin to run until either of the following occurs:(1) The victim of the offense reaches the age of majority; (2)  A public children services agency, or a municipal or county peace officer that is not the parent or guardian of the child, in the county in which the child resides or in which the abuse or neglect is occurring or has occurred has been notified that abuse or neglect is known, suspected, or believed to have occurred.”)

(“With respect to sex offenses involving children, the statute of limitations is tolled until the victim reaches the age of majority, where the corpus delicti of the offenses has not previously been discovered by a responsible adult as listed in R.C. 2151.421. State v. Hughes (1994), 92 Ohio App.3d 26, 29, 633 N.E.2d 1217; R.C. 2901.13(F).”) State v. Ashcraft, 2009-Ohio-5281, P32, 2009 Ohio App. LEXIS 4472, 15-16, 2009 WL 3165598 (Ohio Ct. App., Butler County Oct. 5, 2009)

TOLLING: Ohio Rev. Code Ann. § 2901.13 (F)  The period of limitation shall not run during any time when the corpus delicti remains undiscovered.

corpus delicti  = “the fact of a crime having been actually committed.”

TOLLING TO AGE 18 FOR ALL CRIMES AGAINST CHILDREN WAS ADDED IN 2006. 151 v S 17, effective August 3, 2006, inserted (I) and redesignated former (I) as (J). See, 2005 Ohio SB 17, 2005 Ohio SB 17, Approved by the Governor on May 2, 2006. Previously SOL would have been 20 years from commission or discovery of corpus delecti.

[A> THE PERIOD OF LIMITATION FOR A VIOLATION OF ANY PROVISION OF TITLE XXIX OF THE REVISED CODE THAT INVOLVES A PHYSICAL OR MENTAL WOUND, INJURY, DISABILITY, OR CONDITION OF A NATURE THAT REASONABLY INDICATES ABUSE OR NEGLECT OF A CHILD UNDER EIGHTEEN YEARS OF AGE OR OF A MENTALLY RETARDED, DEVELOPMENTALLY DISABLED, OR PHYSICALLY IMPAIRED CHILD UNDER TWENTY-ONE YEARS OF AGE SHALL NOT BEGIN TO RUN UNTIL EITHER OF THE FOLLOWING OCCURS: <A] [A> (1) THE VICTIM OF THE OFFENSE REACHES THE AGE OF MAJORITY. <A][A> (2) A PUBLIC CHILDREN SERVICES AGENCY, OR A MUNICIPAL OR COUNTY PEACE OFFICER THAT IS NOT THE PARENT OR GUARDIAN OF THE CHILD, IN THE COUNTY IN WHICH THE CHILD RESIDES OR IN WHICH THE ABUSE OR NEGLECT IS OCCURRING OR HAS OCCURRED HAS BEEN NOTIFIED THAT ABUSE OR NEGLECT IS KNOWN, SUSPECTED, OR BELIEVED TO HAVE OCCURRED. <A]