This past May, the Ohio legislature passed and the governor signed Senate Bill 17, a compromise with the Catholic Church on how to deal with claims of sexual abuse of minors by priests where the statute of limitations has run. Many had urged the legislature to create a new window in which civil damage actions could be filed. Instead, new Chapter 3797 of the Ohio Revised Code was enacted. It provides for a "civil registry"that the Attorney General is to maintain on the Internet. Where a victim of childhood sexual abuse is precluded from suing for assault and battery because the statute of limitations has run, a civil declaratory judgment action can be brought instead. If the court finds by clear and convincing evidence that the defendant committed childhood sexual abuse, the court must order the defendant to be listed on the civil registry-- generally for six years, unless there are other offenses. (See LSC Analysis of Bill.)
Recently the Ohio Attorney General's Office approved rules for implementation of SB 17. Last Tuesday, the Toledo Blade reported that the Ohio legislature's Joint Committee on Agency Rule Review took the final step to make those rules effective. On Friday, the blog Dispatches From the Culture Wars launched a tirade against the Ohio law.
