Thursday, June 01, 2006

Ohio Supreme Court Refuses To Extend Limitation Period For Clergy Sexual Abuse

Yesterday, the Ohio Supreme Court held in a 5-2 decision that a clergy sexual abuse suit against the Catholic Archdiocese of Cincinnati was barred by the statute of limitations. In Doe v. Archdiocese of Cincinnati, (Ohio Sup. Ct., May 31, 2006), the court held that a minor who is the victim of sexual abuse has two years from the time that he or she reaches majority to assert claims against the employer of the perpetrator of sexual abuse. So long as the victim, at the time of the abuse, knew the identity of the perpetrator, the priest's employer, and that a battery has occurred, the statutory period for filing suit is not extended. The fact that the plaintiff did not discover until recently that the Archdiocese may have had knowledge of the abuse does not operate to extend the statute. The court said that it is up to the legislature to create changes in the statute of limitations for clergy sexual abuse. The Court issued a release summarizing the decision. Yesterday's Washington Post, reporting on the decision, points out that new Ohio legislation (SB 17) extends the time limit for future victims to 12 years after reaching adulthood.