How To File A Sex Assault Lawsuit In Ohio
Contributor
Reviewed By Adam Ramirez, J.D.
Editor
Summary
- Survivors have the option to file a lawsuit for sexual assault in Ohio
- Deadlines to file these lawsuits are extended for childhood abuse
- Assault against adults is handled like other personal injury lawsuits
The impact of sexual assault can extend far beyond the act itself. Your career, quality of life and mental health can all be affected as well. Fortunately, you have options for pursuing justice and compensation for these losses. Here’s what you need to know about how to file a lawsuit for sexual assault in Ohio.
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Statute of Limitations to File Sexual Assault Lawsuits in Ohio
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.
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.
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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.
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.
ConsumerShield assists injured people in understanding their rights and finding local lawyers for their cases. If you experienced sexual assault in Ohio, contact us for a free case review and lawyer referral.
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Frequently Asked Questions
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Most personal injury lawyers charge a contingency fee. This means you’ll pay an agreed percentage only if the lawyer wins or settles your claim.
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Your lawyer will need evidence of the assault, such as witness statements. In cases where the perpetrator is convicted, your lawyer will likely have access to the evidence from the criminal case.
