Ohio § 2305.111

§ 2305.111.

(A) As used in this section: (1) “ Childhood sexual abuse ” means any conduct that constitutes any of the violations identified in division

(A)(1)(a) or (b) of this section and would constitute a criminal offense under the

specified section of the Revised Code, if the victim of the violation is at the time

of the violation a child under eighteen years of age or a child with a developmental

disability or physical impairment under twenty-one years of age.  The court need not find that any person has been convicted of or pleaded guilty

to the offense under the specified section of the Revised Code in order for the conduct

that is the violation constituting the offense to be childhood sexual abuse for purposes

of this division.  This division applies to any of the following violations committed in the following

specified circumstances: (a) A violation of section 2907.02 or section 2907.03 of the Revised Code ; (b) A violation of section 2907.05 or 2907.06 of the Revised Code if, at the time of the violation, any of the following apply: (i) The actor is the victim's natural parent, adoptive parent, or stepparent or the guardian,

custodian, or person in loco parentis of the victim. (ii) The victim is in custody of law or a patient in a hospital or other institution,

and the actor has supervisory or disciplinary authority over the victim. (iii) The actor is a teacher, administrator, coach, or other person in authority employed

by or serving in a school for which the director of education and workforce prescribes

minimum standards pursuant to division (D) of section 3301.07 of the Revised Code , the victim is enrolled in or attends that school, and the actor is not enrolled

in and does not attend that school. (iv) The actor is a teacher, administrator, coach, or other person in authority employed

by or serving in an institution of higher education, and the victim is enrolled in

or attends that institution. (v) The actor is the victim's athletic or other type of coach, is the victim's instructor,

is the leader of a scouting troop of which the victim is a member, or is a person

with temporary or occasional disciplinary control over the victim. (vi) The actor is a mental health professional, the victim is a mental health client or

patient of the actor, and the actor induces the victim to submit by falsely representing

to the victim that the sexual contact involved in the violation is necessary for mental

health treatment purposes. (vii) The actor is a licensed medical professional, the victim is a patient of the actor,

and the sexual contact occurs in the course of medical treatment. (viii) The victim is confined in a detention facility, and the actor is an employee of that

detention facility. (ix) The actor is a cleric, and the victim is a member of, or attends, the church or congregation

served by the cleric. (2) “Cleric” has the same meaning as in section 2317.02 of the Revised Code . (3) “Licensed medical professional” has the same meaning as in section 2907.01 of the Revised Code . (4) “Mental health client or patient” has the same meaning as in section 2305.51 of the Revised Code . (5) “Mental health professional” has the same meaning as in section 2305.115 of the Revised Code . (6) “Sexual contact” has the same meaning as in section 2907.01 of the Revised Code . (7) “ Victim ” means, except as provided in division (B) of this section, a victim of childhood

sexual abuse. (B) Except as provided in section 2305.115 of the Revised Code and subject to division (C) of this section, an action for assault or battery shall

be brought within one year after the cause of the action accrues.  For purposes of this section, a cause of action for assault or battery accrues upon

the later of the following: (1) The date on which the alleged assault or battery occurred; (2) If the plaintiff did not know the identity of the person who allegedly committed

the assault or battery on the date on which it allegedly occurred, the earlier of

the following dates: (a) The date on which the plaintiff learns the identity of that person; (b) The date on which, by the exercise of reasonable diligence, the plaintiff should

have learned the identity of that person. (C)(1) Except as provided in division (C)(2) of this section, an action for assault or battery

brought by a victim of childhood sexual abuse based on childhood sexual abuse, or

an action brought by a victim of childhood sexual abuse asserting any claim resulting

from childhood sexual abuse, shall be brought within twelve years after the cause

of action accrues.  If the defendant in an action brought by a victim of childhood sexual abuse asserting

a claim resulting from childhood sexual abuse that occurs on or after August 3, 2006,

has fraudulently concealed from the plaintiff facts that form the basis of the claim,

the running of the limitations period with regard to that claim is tolled until the

time when the plaintiff discovers or in the exercise of due diligence should have

discovered those facts. (2) Only for purposes of making claims against a bankruptcy estate of an organization

chartered under part B of subtitle II of Title 36 of the United States Code, an action

for assault or battery brought by a victim of childhood sexual abuse based on childhood

sexual abuse, or an action brought by a victim of childhood sexual abuse asserting

any claim resulting from childhood sexual abuse, may be brought at any time after

the cause of action accrues. (3) For purposes of this section, a cause of action for assault or battery based on childhood

sexual abuse, or a cause of action for a claim resulting from childhood sexual abuse,

accrues upon the date on which the victim reaches the age of majority.