I was sexually abused and raped by a "friend" for a couple years. The
report was filed in early 1997, so I assume that would be the starting
period for any time limitations. The case was referred to Cleveland
Juvenile court, where some type of mediation occured, and my parents
decided to abandon the issue. I did not have control over anything
because I was a minor.

My question is, does Ohio law allow for any other type of legal action
against my perpetrator? It would probably have to be civil in nature,
as criminal proceeding usually require evidence that would have long
since been lost. Are there statutes in place for this type of crime,
and if so, what are they? If civil proceedings are an option, what can
I sue for?

Hopefully someone will answer this since I can't offer much, I'm a
full time college student. But see my puppy eyes? They're sooooo cute!

Thank you. :)

Dear brian12-ga;

Thank you for allowing me to answer your interesting question. The
best answer we can give you is MAYBE (With the caveat that it does
look favorable for you).

As you may already know, criminal and civil statutes are subject to
revision by legislatures and interpretation by courts. Many states now
have some type of provision that extends the statute of limitations
for adult survivors of sexual abuse. One of these provisions is called
?Minority Tolling?, whereby a limitation is delayed until a victim
reached adulthood and can make his or her own decision about taking
action. I recommend you read this article about the various delays
that might be applicable to your situation:

CIVIL REMEDIES FOR VICTIMS OF SEXUAL ABUSE
http://www.smith-lawfirm.com/remedies.html

Whether or not any of these delays in the statutes of limitation are
applicable in Ohio is certainly complicated and would require a
consultation with an Ohio attorney.

According to Ohio law, under NORMAL circumstances, a victim as one (1)
year from when the he or she recalls or otherwise discovers that he or
she was sexually abused, or when, through the exercise of reasonable
diligence, the victim should have discovered the sexual abuse.

The precedent is cited as:
Ault v. Jasko, 70 Ohio St. 3d 114, 637 N.E.2d 870 (1994). 

SUSAN K. SMITH, ATTORNEY AT LAW
SMITH & MOORE, LLC
?STATUTES OF LIMITATIONS FOR CHILD SEXUAL ABUSE?
http://www.smith-lawfirm.com/sol_Ohio.html

However, Ohio does appear to offer a ?tolling of limitations?
(sometimes referred to as ?minority tolling?) to a minor victim who
reaches the age of majority (legal adulthood). In other words, the
normal statute of limitations runs from the time one reaches the legal
age of adulthood and extends from that point through the normal
statutory period. So, as I understand it for example (and you?d need
to get an attorney to verify this because we cannot provide legal
advice here) if the victim was abused at age 12 he or she could pursue
the case himself from the time he or she reaches the age of 18 until
the normal statute of limitations runs out:

?Unless otherwise provided in sections 1302.98, 1304.35, and 2305.04
to 2305.14 of the Revised Code, if a person entitled to bring any
action mentioned in those sections, unless for penalty or forfeiture,
is, at the time the cause of action accrues, within the age of
minority or of unsound mind, the person may bring it within the
respective times limited by those sections, after the disability is
removed. When the interests of two or more parties are joint and
inseparable, the disability of one shall inure to the benefit of all.
 
After the cause of action accrues, if the person entitled to bring the
action becomes of unsound mind and is adjudicated as such by a court
of competent jurisdiction or is confined in an institution or hospital
under a diagnosed condition or disease which renders the person of
unsound mind, the time during which the person is of unsound mind and
so adjudicated or so confined shall not be computed as any part of the
period within which the action must be brought.?

ANDERSON PUBLISHING
OHIO STATUTES
http://onlinedocs.andersonpublishing.com/oh/lpExt.dll/PORC/112ef/114df/11576/1157d?f=templates&fn=document-frame.htm&q=tolling%20limitations&x=Advanced&2.0#LPHit1

It does seem then that the statute of limitations in such a case does
not run from the time the incident occurred but from the time the
minor victim reaches the age of minority. Having said that (in my
unlicensed interpretation of the law) there still may be hope for your
case. You really need to contact your attorney for more information
about this very complicated issue but hopefully you will have at least
somewhat armed with the necessary information to make inquiries by
virtue of your visit here.

I hope you find that my answer exceeds your expectations. If you have
any questions about my research please post a clarification request
prior to rating the answer. Otherwise I welcome your rating and your
final comments and I look forward to working with you again in the
near future. Thank you for bringing your question to us.

Best regards;
Tutuzdad-ga ? Google Answers Researcher



OTHER INFORMATION SOURCES

OHIO STATUTE OF LIMITATIONS
http://www.expertlaw.com/library/limitations_by_state/Ohio.html#7


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I apologize for the late rating. Thank you, your answer was very helpful. :)

Wow!  That last paragraph just demolished your credibility.  You
should really avoid statements like that as they are demeaning to rape
victims everywhere.

Just out of curiosity, which part of that statement was demeaning?  A
friend of mine, also a rape victim, was very impressed by the advice
given above and found nothing in that statement remotely demeaning. 
Could you clarify which part you felt was inappropriate?  Personally,
I feel the question was answered to the best of their ability with as
much detail as possible without knowing the specifics of your
particular case.  I mean...I'm being totally serious here.  We're
wondering if we overlooked something that was written.

The commenter's statement was posted BEFORE the answer ever showed up.
The commenter wasn't referring to my "answer", he was referring to the
last paragraph of your "question":

"Hopefully someone will answer this since I can't offer much, I'm a
full time college student. But see my puppy eyes? They're sooooo cute!"

Personally, I have no idea what he meant when he said it was
"demeaning" to rape victims everywhere. I didn't interpret it that way
at all. Oh well. Everyone is entitled to an opinion. Don't sweat it.

tutuzdad-ga