OHIO
CHILD SEX ABUSE SOLs
Historical CSA SOL Treatise
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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 |
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
(A) As used in this section:
(1) “Childhood sexual abuse” means any conduct that constitutes any of the violations identified in division (A)(1)(a) or (b) of this section and would constitute a criminal offense under the specified section or division of the Revised Code, if the victim of the violation is at the time of the violation a child under eighteen years of age or a child with a developmental disability or physical impairment under twenty-one years of age. The court need not find that any person has been convicted of or pleaded guilty to the offense under the specified section or division of the Revised Code in order for the conduct that is the violation constituting the offense to be childhood sexual abuse for purposes of this division. This division applies to any of the following violations committed in the following specified circumstances:
(b) A violation of section 2907.05 or 2907.06 of the Revised Code if, at the time of the violation, any of the following apply:
(iii) The actor is a teacher, administrator, coach, or other person in authority employed by or serving in a school for which the director of education and workforce prescribes minimum standards pursuant to division (D) of section 3301.07 of the Revised Code, the victim is enrolled in or attends that school, and the actor is not enrolled in and does not attend that school.
(3) “Mental health client or patient” has the same meaning as in section 2305.51 of the Revised Code.
(B) Except as provided in section 2305.115 of the Revised Code and subject to division (C) of this section, an action for assault or battery shall be brought within one year after the cause of the action accrues. For purposes of this section, a cause of action for assault or battery accrues upon the later of the following:
(C)(1) Except as provided in division (C)(2) of this section, 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. 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 August 3, 2006, 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.
(2) Only for purposes of making claims against a bankruptcy estate of an organization chartered under part B of subtitle II of Title 36 of the United States Code, 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, may be brought at any time after the cause of action accrues.
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 |
CURRENT OHIO CRIMINAL LAW
Ohio Rev. Code Ann. § 2901.13 - Limitations on criminal prosecutions
(A)(1) Except as provided in division (A)(2), (3), (4), or (5) of this section or as otherwise provided in this section, a prosecution shall be barred unless it is commenced within the following periods after an offense is committed:
(2) There is no period of limitation for the prosecution of a violation of section 2903.01 or 2903.02 of the Revised Code or for the prosecution of a conspiracy to commit, attempt to commit, or complicity in committing a violation of section 2903.01 or 2903.02 of the Revised Code.
(a) A violation of section 2903.03, 2903.04, 2905.01, 2905.32, 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;
(4) Except as otherwise provided in divisions (D) to (L) of this section, a prosecution of a violation of section 2907.02 or 2907.03 of the Revised Code or a conspiracy to commit, attempt to commit, or complicity in committing a violation of either section shall be barred unless it is commenced within twenty-five years after the offense is committed.
(5)(a) Except as otherwise provided in divisions (A)(5)(b) and (E) to (I) of this section, a prosecution of a violation of section 2907.13 of the Revised Code shall be barred unless it is commenced within five years after the offense is committed.
(c) As used in division (B)(5)(b) of this section, “aggrieved person” includes any of the following individuals with regard to a violation of section 2907.13 of the Revised Code:
(B)(1) Except as otherwise provided in division (B)(2) of this section, if the period of limitation provided in division (A)(1) or (3) of this section has expired, prosecution shall be commenced for an offense of which an element is fraud or breach of a fiduciary duty, within one year after discovery of the offense either by an aggrieved person, or by the aggrieved person’s legal representative who is not a party to the offense.
(2) If the period of limitation provided in division (A)(1) or (3) of this section has expired, prosecution for a violation of section 2913.49 of the Revised Code shall be commenced within five years after discovery of the offense either by an aggrieved person or the aggrieved person’s legal representative who is not a party to the offense.
(a) An “offense is directly related to the misconduct in office of a public servant” includes, but is not limited to, a violation of section 101.71, 101.91, 121.61 or 2921.13, division (F) or (H) of section 102.03, division (A) of section 2921.02, division (A) or (B) of section 2921.43, or division (F) or (G) of section 3517.13 of the Revised Code, that is directly related to an offense involving misconduct in office of a public servant.
(D)(1) If a DNA record made in connection with the criminal investigation of the commission of a violation of section 2907.02 or 2907.03 of the Revised Code is determined to match another DNA record that is of an identifiable person and if the time of the determination is later than twenty-five years after the offense is committed, prosecution of that person for a violation of the section may be commenced within five years after the determination is complete.
(2) If a DNA record made in connection with the criminal investigation of the commission of a violation of section 2907.02 or 2907.03 of the Revised Code is determined to match another DNA record that is of an identifiable person and if the time of the determination is within twenty-five years after the offense is committed, prosecution of that person for a violation of the section may be commenced within the longer of twenty-five years after the offense is committed or five years after the determination is complete.
(3) As used in this division, “DNA record” has the same meaning as in section 109.573 of the Revised Code.
(E) An offense is committed when every element of the offense occurs. In the case of an offense of which an element is a continuing course of conduct, the period of limitation does not begin to run until such course of conduct or the accused’s accountability for it terminates, whichever occurs first.
(F) A prosecution is commenced on the date an indictment is returned or an information filed, or on the date a lawful arrest without a warrant is made, or on the date a warrant, summons, citation, or other process is issued, whichever occurs first. A prosecution is not commenced by the return of an indictment or the filing of an information unless reasonable diligence is exercised to issue and execute process on the same. A prosecution is not commenced upon issuance of a warrant, summons, citation, or other process, unless reasonable diligence is exercised to execute the same.
(I) The period of limitation shall not run during any time a prosecution against the accused based on the same conduct is pending in this state, even though the indictment, information, or process that commenced the prosecution is quashed or the proceedings on the indictment, information, or process are set aside or reversed on appeal.
(J) 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 child with a developmental disability or physical impairment under twenty-one years of age shall not begin to run until either of the following occurs:
(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.
(K) As used in this section, “peace officer” has the same meaning as in section 2935.01 of the Revised Code.
(L)(1) The amendments to divisions (A) and (D) of this section that took effect on July 16, 2015, apply to a violation of section 2907.02 or 2907.03 of the Revised Code committed on and after July 16, 2015, and apply to a violation of either of those sections committed prior to July 16, 2015, if prosecution for that violation was not barred under this section as it existed on the day prior to July 16, 2015.
(2) The amendment to division (A)(2) of this section that takes effect on the effective date of this amendment applies to a conspiracy to commit, attempt to commit, or complicity in committing a violation of section 2903.01 or 2903.02 of the Revised Code if the conspiracy, attempt, or complicity is committed on or after the effective date of this amendment and applies to a conspiracy to commit, attempt to commit, or complicity in committing a violation of either of those sections if the conspiracy, attempt, or complicity was committed prior to that effective date and prosecution for that conspiracy, attempt, or complicity was not barred under this section as it existed on the day prior to that effective date.
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