October 4, 2021
Supreme Court Of Ohio
Case No. 2021-0497

In July 2021, the Supreme Court of Ohio accepted a petition to consider whether the cap on non-economic damages for child sexual abuse claims is unconstitutional. CHILD USA and the American Professional Society on the Abuse of Children wrote this amicus brief, arguing that Ohio’s cap on non-economic damages subverts the purposes of civil litigation, disproportionately disadvantages victims of child sexual abuse, and that the victim in this case should be excused from the cap, even if the Court upholds it. The Supreme Court found that the statute setting the cap for non-economic damages is unconstitutional as applied to sex offense victims.