How To File A Sex Assault Lawsuit In Ohio

Statute of Limitations to File Sexual Assault Lawsuits in Ohio

You will want to make sure to file your claim as soon as possible after the assault occurs so that you don’t miss any deadlines, like the statute of limitations. It can be stressful to deal with legal deadlines after such a painful experience, but the statute of limitations for sexual assault lawsuits works to protect your claim by ensuring you have fresh evidence and access to witnesses who clearly remember what happened.

Ohio has a two-year statute of limitations for lawsuits alleging bodily injury. This time limit applies to most cases alleging sexual assault in Ohio against adults. It also applies to any negligence case claiming that a party facilitated or covered up a sexual assault.

Exceptions That May Extend the Deadline in Ohio

Two exceptions may extend the deadline for filing a sexual assault lawsuit, however. First, plaintiffs have up to 12 years after turning 18 to file a lawsuit for sexual assault that occurred while they were under 18. In other words, survivors of childhood sexual abuse generally have until their 30th birthday to file a lawsuit.

This extension helps ensure that childhood victims of sexual assault have a chance to file a claim. All too often, family members are the perpetrators of the assault, so it would place an undue burden on the victim to have to bring the case forward when they were still underage and potentially dependent on their abuser.

Second, in narrow circumstances, the plaintiff may have additional time if they do not know the identity of the perpetrator. Specifically, the survivor has one year after learning a perpetrator’s identity to file a lawsuit for childhood sexual assault in Ohio, even if they are over 30 when they discover this information.

There may also be instances when the statute of limitations is tolled, or halted. An example of this is if the perpetrator leaves the state before you’re able to begin the claim. It’s always essential to speak with a personal injury lawyer, however, to ensure that you understand whether exceptions apply to your case.

What Allegations Go Into a Sexual Assault Civil Lawsuit?

Sexual assault cases against perpetrators can involve several intentional torts, including:

• Battery for the intentional harmful or offensive contact
• Assault for intentionally causing the fear of harmful or intentional contact
• False imprisonment, when the perpetrator prevents the survivor from leaving
• Intentional infliction of emotional distress
• Negligent infliction of emotional distress

For an intentional tort, state law usually only requires evidence that the act was deliberate. Survivors do not necessarily need proof that perpetrators intended to injure them.

In these cases, it is necessary to show that you did not consent or could not do so. The latter would occur if you were under the legal age of consent, which is 16 in Ohio, or if you were in any way incapacitated. Someone who is intoxicated, for instance, cannot consent to any sexual activity.

Survivors may also have negligence claims against parties that facilitated or covered up their assaults. Negligence examples found in these cases include the following:

• Negligent hiring
• Negligent supervision or training
• Negligent security

For instance, a negligence lawsuit against a church might allege that the church’s leadership failed to supervise a minister who assaulted the survivor during an official church event.

How a Lawyer Can Help Survivors in Ohio

Hiring an Ohio personal injury lawyer is vital for survivors of sexual assault. A lawyer can help investigate your case, gather evidence, and develop a strategy to advocate for justice on your behalf.

They can also assist you in determining which parties you may be able to hold liable, while also helping you understand the types of damages you can receive. Because sexual assault can have catastrophic consequences on every aspect of your life, it’s not easy to calculate the losses you suffered. With a lawyer on your side, you can fight for both fair compensation and justice.

Going against institutions like churches or colleges is especially complex. They may have entire teams of lawyers to dispute your claims and try to get you to accept a lower settlement than you deserve. Your attorney will know how to combat these tactics.

In instances when negotiations aren’t productive, your attorney has another option: going to trial. Often, the mere threat of going to court can get insurance companies back to the table to continue negotiating.

ConsumerShield assists injured people in protecting their rights and finding local lawyers for their cases. We understand just how difficult this process is and can make it less stressful for you. If you experienced sexual assault in Ohio, contact us for a free case review and lawyer referral.