Is There a Statute of Limitations for Sexual Assault in Ohio?

Being accused of a sex crime is a serious matter that can have life-altering consequences. Even if the accusation is false or based on misleading evidence, a criminal charge can damage reputations, careers, and personal relationships. At Hiltner Trial Lawyers, we understand the gravity of assault charges. Our legal team, led by Max Hiltner, is committed to providing aggressive legal defense for individuals facing sexual assault allegations.

If you or someone you love has been affected by sexual assault, you may be wondering: Is there a statute of limitations for sexual assault in Ohio? The answer depends on several factors, including the nature of the offense, when the crime was discovered, and whether civil or criminal charges are being pursued.

In this blog, we will break down the statute of limitations for sexual assault in Ohio, explain the relevant laws, and discuss what legal options are available to the accused.

Criminal Statute of Limitations for Sexual Assault in Ohio

Under Ohio Revised Code (ORC) § 2901.13, some sexual offenses have no statute of limitations, meaning the state can prosecute at any time:

Rape (ORC § 2907.02)
Sexual battery (ORC § 2907.03) when the victim was under 18 at the time of the offense

This means that an individual can be accused and prosecuted for these crimes even decades after the alleged event, making it difficult to gather evidence, find witnesses, or prove innocence.

Other Sex Crimes Have a Statute of Limitations

For other sex crimes, the law imposes a time limit for prosecution:

Sexual battery (when the victim is an adult): 25 years from the date of the offense
Gross sexual imposition (ORC § 2907.05): 25 years
Unlawful sexual conduct with a minor (ORC § 2907.04): 25 years

However, Ohio law allows for DNA evidence extensions wherein if new DNA evidence is found, prosecutors can file charges within 5 years of the DNA match, even if the original statute of limitations has expired.

Civil Statute of Limitations for Sexual Assault in Ohio

In addition to criminal charges, an alleged victim may file a civil lawsuit seeking monetary damages. These cases often target individuals, schools, employers, or institutions.

Time Limits for Civil Claims

If the accuser was a minor at the time of the alleged abuse: They have until their 30th birthday to file a lawsuit (ORC § 2305.111).
If the accuser was an adult at the time of the alleged incident: They generally have 2 years from the date of the alleged assault to file a claim.

Unlike criminal cases, civil lawsuits have a lower burden of proof, meaning a person can still face legal and financial consequences even without a criminal conviction.

How Ohio's Statute of Limitations Compares to Other States

Ohio’s statute of limitations for sexual assault cases is more lenient than some states but stricter than others.

Some states, such as California and New York, have removed time limits for all sexual assault cases, meaning charges can be filed at any time.
Other states still impose short deadlines, making it difficult for prosecutors to pursue old cases.

Understanding these differences is crucial when preparing a defense strategy, particularly if an accusation stems from an event that allegedly happened years or even decades ago.

Challenges in Defending Against Old Allegations

Sex crime allegations are complex, and when accusations surface years after an alleged event, defending against them becomes even more difficult. Some of the biggest challenges in these cases include:

Lack of physical evidence – Over time, crucial evidence can disappear or degrade.
Faded memories – Witnesses may misremember or confuse events.
False accusations – Motivations such as revenge, financial gain, or mistaken identity can play a role.
Social stigma – Individuals accused of sexual assault often face severe public scrutiny, even if they are ultimately found innocent.

Because of these challenges, it is critical to seek legal representation as soon as possible if you are facing an accusation.

What to Do If You Are Accused of Sexual Assault

If you have been accused of a sex crime, taking immediate action is essential to protect your rights and build a strong defense. Here are the most important steps to take:

Do Not Talk to Police Without a Lawyer – Anything you say can be used against you. It’s best to remain silent until you have legal representation.
Gather Evidence – Collect any texts, emails, social media messages, or other evidence that may support your defense.
Identify Witnesses – If anyone can verify your whereabouts or contradict the accuser’s story, their testimony may be crucial.
Avoid Contact with the Accuser – Any interaction, even if well-intended, can be misinterpreted or used as evidence against you.
Hire an Experienced Defense Lawyer – A skilled attorney can challenge the evidence, question witness credibility, and ensure your rights are protected.

At Hiltner Trial Lawyers, we are here to guide you through the legal process with compassion, discretion, and knowledge of the law.

Contact Our Sex Crimes Lawyers at Hiltner Trial Lawyers Today

If you are facing allegations of sexual assault or another sex crime, time is of the essence. Ohio’s statute of limitations laws can impact your case, and building a strong defense early on is crucial. Our legal team at Hiltner Trial Lawyers understand that these cases require sensitivity, dedication, and legal skill.

Facing a sexual assault allegation can be overwhelming, but having the right legal team who has extensive experience in handling cases like yours can make a difference.