OHIO
CHILD SEX ABUSE SOLs
CURRENT CIVIL SOL
CSA: The civil CSA SOL is age 30 against all defendants with a fraudulent concealment tolling rule. A 5-year window opened on October 12, 2023 for expired claims against the bankruptcy estate of the Boy Scouts of America.
Trafficking: The civil SOL for trafficking is age 19.
CSAM: The civil SOL for CSAM is age 19.
CIVIL SOL SNAPSHOT
AGE CAP |
CSA: AGE 30 TRAFFICKING: AGE 19 CSAM: AGE 19 |
REVIVAL LAW |
LIMITED 5-YEAR WINDOW ONLY FOR BOY SCOUT SURVIVORS |
DISCOVERY TOLLING | LIMITED TO FRAUDULENT CONCEALMENT |
Civil SOL History
Age Cap |
|
2002 |
SOL for assault and battery, including CSA, trafficking, and CSAM claims, set at age 19 (age of majority, 18, plus 1 year).[i] |
2006 |
SOL extended to age 30 (age of majority, 18, plus 12 years) for CSA claims.[ii] |
Revival Law |
|
2023 |
On October 12, 2023, Ohio enacted a Scouts’ Honor Law and opened a 5-year revival window for CSA claims against a bankruptcy estate of an organization chartered under federal law, i.e. the Boy Scouts of America.[iii] |
Discovery |
|
Common Law |
Ohio recognized in 1994 that its common law discovery rule applies to cases involving repressed memories of CSA.[iv] Ohio courts have declined to extend its discovery rule any further.[v] The Ohio Supreme Court later ruled the common law discovery rule no longer applies to any CSA claims filed after 2006, [vi] as it was superseded by the newly enacted retroactive SOLs that applies the discovery rule only in narrow cases of fraudulent concealment.[vii] Currently, there is no common law discovery rule for CSA claims under Ohio state law.[viii] |
Statutory |
No statutory discovery rule for CSA. |
[i] Ohio Rev. Code Ann. §§ 2305.111(C) (2002) (one-year SOL), 2305.16 (2001) (minority tolling).
[ii] Id. at § 2305.111(C) (2006) (twelve-year SOL).
[iii] OH ST § 2305.111; 2023 Ohio Laws File 12 (Am. Sub. H.B. 35) ”Scout’s Honor Law”.
[iv] See Ault v. Jasko, 637 N.E.2d 870, 873 (Ohio 1994), superseded by statute as stated in Pratte v. Stewart, 929 N.E.2d 415, 417 (Ohio 2010).
[v] Doe v. Archdiocese of Cincinnati, supra note 758, at 273–74.
[vi] Pratte, supra note 762, at 423.
[vii] Ohio Rev. Code Ann. § 2305.111(C) (2021).
[viii] C.f., Snyder-Hill v. Ohio State University, 48 F.4th 686, 698-709 (6th Cir. 2022) (applying the discovery rule to federal Title IX claims, which means a plaintiff’s Title IX claim “does not accrue until the plaintiff knows or has reason to know that the defendant institution injured them” (emphasis original). Accordingly, “plaintiffs’ claims accrued when they knew or had reason to know that Ohio State was ‘deliberately indifferent to sexual harassment, of which [Ohio State had] actual knowledge, that is so severe, pervasive, and objectively offensive that it can be said to deprive the victims of access to the educational opportunity or benefits provided by the school.’” (citing Davis ex rel. LaShonda D. v. Monroe Cnty. Bd. of Educ., 526 U.S. 629 640 (1999)).
CURRENT OHIO CIVIL LAW
Ohio Rev. Code Ann. § 2305.111 - Limitation of action for assault or battery; when action accrues when identity of defendant unknown
Case law
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.
CURRENT CRIMINAL SOL
CSA: The criminal SOL is age 43 for rape and sexual battery, age 38 for other felonies, and age 20 for misdemeanors, with a DNA rule.
Trafficking: The SOL is age 38 for trafficking offenses.
CSAM: The SOL is age 38 for CSAM offenses.
CRIMINAL SOL SNAPSHOT
CSA |
Age 43 |
TRAFFICKING |
Age 38 |
CSAM |
Age 38 |
Criminal SOL History
Age Cap |
|
2002 |
Age 24 for felony offenses, including CSA, trafficking, and CSAM, and age 20 for misdemeanor offenses.[i] |
2015 |
Extended the SOL to age 43 for rape and sexual battery, 38 for other felonies, including trafficking and CSAM, and age 20 for misdemeanors. Added a DNA provision for rape and sexual battery which eliminated the SOL if there was a DNA match within 25 years of the offense or if after 25 years, it extended the SOL by 5 years.[ii] |
[i] Ohio Rev. Code Ann. § 2901.13 (2002) (SOL).
[ii] Id. at § 2901.13 (2015) (SOL).
CURRENT OHIO CRIMINAL LAW
Ohio Rev. Code Ann. § 2901.13 - Limitations on criminal prosecutions
Case Law
The information provided is solely for informational purposes and is not legal advice. To determine the Ohio SOL in a particular case, contact a lawyer in the state.
Last Updated: October 26, 2023