Results 1 to 10 of 10
  1. #1
    Join Date
    Sep 2019
    Posts
    4

    Default Statute of Limitations

    My question involves criminal law for the state of: ohio

    What are the statutes of limitations for Child S abuse that happened in 2002. The person she said did it was a late teen and she was around 8. I believe the current Ohio SOL for this crime are for 2006 and on. SO since this was before that date is it different?

    Please help.

  2. #2
    Join Date
    Mar 2013
    Posts
    17,408

    Default Re: Statute of Limitations

    Criminal Cases for Sexual Abuse

    In a criminal case, you must contact law enforcement about the sexual abuse. After an investigation, a prosecutor may file criminal charges against your alleged abuser. If the suspect is found guilty of sexual abuse, he or she may face incarceration and sex offender registration.

    Under Ohio law, a prosecutor must file criminal charges within:

    Adult sexual assault: 20 years from the event,
    Child sexual assault: 20 years from the victim’s eighteenth birthday.

    In 2015, a new law extended the statute of limitations in cases involving DNA evidence. Prosecutors now may file charges against a suspect within five years of DNA identification—even if the 20-year SOL had otherwise expired.
    Above is from:

    https://www.**********.com/law-libra...ual-abuse.html

    If she wants to pursue criminal prosecution she needs to report it to the authorities right now. They'll decide whether there is enough for prosecution.

  3. #3
    Join Date
    Oct 2006
    Posts
    15,906

    Default Re: Statute of Limitations

    Quote Quoting adjusterjack
    View Post
    Above is from:

    https://www.**********.com/law-libra...ual-abuse.html

    If she wants to pursue criminal prosecution she needs to report it to the authorities right now. They'll decide whether there is enough for prosecution.
    Jack, that link is bad.

  4. #4
    Join Date
    Mar 2013
    Posts
    17,408

    Default Re: Statute of Limitations

    Quote Quoting llworking
    View Post
    Jack, that link is bad.
    That's OK. I quoted the pertinent information.

  5. #5
    Join Date
    Sep 2010
    Posts
    19,388

    Default Re: Statute of Limitations

    Apparently, this site thinks the name of a competing site is a profane word.


    This article is also useful:
    https://www.dispatch.com/news/201905...on-experts-say

  6. #6
    Join Date
    Sep 2019
    Posts
    4

    Default Re: Statute of Limitations

    I am sorry but it doesn't say this is for 2002. SOLs change don't they?

  7. #7
    Join Date
    Jul 2010
    Posts
    7,759

    Default Re: Statute of Limitations

    Quote Quoting flyingron
    View Post
    Apparently, this site thinks the name of a competing site is a profane word.
    I don't recall seeing link filtering here before. They can be bothered to set that up but not deal with spammers/bots when they turn up.

  8. #8
    Join Date
    Sep 2010
    Posts
    19,388

    Default Re: Statute of Limitations

    Quote Quoting free9man
    View Post
    I don't recall seeing link filtering here before. They can be bothered to set that up but not deal with spammers/bots when they turn up.
    It's not "link" filtering perse. vB allows you to list dirty words that get replaced with ****. Apparently that website is in that list.

  9. #9
    Join Date
    Sep 2019
    Posts
    4

    Default Re: Statute of Limitations

    When SOLs change do they count for crimes committed before the law changed? If not it would be devastation to try and press charges just to hear no.

    I found this for her:

    Effective Aug. 3, 2006, the General Assembly enacted R.C. 2305.111(C), legislation that increased the state’s former statute of limitations for a child sexual abuse victim to file a civil suit against his or her alleged abuser from one year after the victim reached the age of majority to 12 years after reaching the age of majority – in effect, extending the filing deadline to the victim’s 30th birthday.

    But, I cannot find what the SOLs are before the date.

  10. #10
    Join Date
    Sep 2010
    Posts
    19,388

    Default Re: Statute of Limitations

    It's partially up to the states to set the rules for how SOLs apply when they change. However, the one thing the US Supreme Court says you can't pass a law after the SOL has expired to revive a time-barred case for prosecution. It was a pretty narrow decision (5-4). The dissenting opinion argue it's not an ex post facto because revising the limitations time isn't passing a law making something illegal after the fact (the ex post facto law barred by the Constitution). The majority held it was.

    1. Sponsored Links
       

Similar Threads

  1. Loan Agreements: What is the Statute of Limitations on an I.O.U.
    By lawfacts in forum Debts and Collections
    Replies: 1
    Last Post: 12-12-2016, 03:52 PM
  2. Sex Offenses: Statute of Limitations
    By georgia_peach in forum Criminal Charges
    Replies: 1
    Last Post: 11-19-2010, 03:49 PM
  3. Collection Lawsuits: Statute of Limitations for Debt, Non-Community Property State, No Borrowing Statute
    By msnerd in forum Debts and Collections
    Replies: 2
    Last Post: 09-05-2010, 08:32 PM
  4. Property Division: Statute of Limitations
    By callmerae in forum Divorce, Annulment and Separation
    Replies: 1
    Last Post: 11-29-2008, 08:17 AM
  5. Defenses: Statute of limitations
    By Stand up in forum Civil Procedure
    Replies: 2
    Last Post: 08-03-2006, 01:57 PM
 
 
Sponsored Links

Legal Help, Information and Resources