Sick and Twisted

Ohio's Special Statute of Limitations for Childhood Sexual Abuse, Effective August 3, 2006.
Quoted:
"The law gives victims 12 years from their age of majority to bring actions against their perpetrators. The bill [quoting from Final Analysis of Legislative Service Commission]:
Enacts a new period of limitations for a civil action for assault or battery brought by a victim of childhood sexual abuse based on "childhood sexual abuse" (defined in the act) and a civil action brought by a victim of childhood sexual abuse asserting any claim resulting from childhood sexual abuse that requires the action to be brought within 12 years after the cause of action accrues; specifies that those causes of action accrue upon the date on which the victim reaches the age of majority; and tolls the running of the limitations period if the defendant has fraudulently concealed facts that form the basis of the claim.

Specifies that the new period of limitations described in the preceding dot-point applies to: (1) all civil actions for assault or battery brought by a victim of childhood sexual abuse based on, and all civil actions brought by a victim of childhood sexual abuse for a claim resulting from, "childhood sexual abuse" that occurs on or after the act's effective date, and (2) all civil actions for assault or battery brought by a victim of childhood sexual abuse based on, and all civil actions brought by a victim of childhood sexual abuse for a claim resulting from, childhood sexual abuse that occurred prior to the act's effective date in relation to which a civil action for assault or battery or for that claim, as applicable, has never been filed and for which the period of limitations applicable to such a civil action prior to the act's effective date has not expired on the act's effective date.
Text of Codified Statute:

ORC 2305.111 (C) 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. 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.
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 the effective date of this act 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.

Effective Date: 05-14-2002; 08-03-2006"

Quote from the "Lectric Law Library":
"NOLLE PROSEQUI - An entry made on the record, by which the prosecutor or plaintiff declares that he will proceed no further.

A nolle prosequi may be entered either in a criminal or a civil case. In criminal cases, a nolle prosequi may be entered at any time before the finding of the grand jury, by the attorney general, and generally after a true bill has been found; in Pennsylvania, in consequence of a statutory provision, no nolle prosequi can be entered after a bill has been found, without leave of the court, except in cases of assault and battery, fornication and bastardy, on agreement between the parties, or in prosecutions for keeping tippling houses.

A nolle prosequi may be entered as to one or several defendants. The effect of a nolle prosequi, when obtained, is to put the defendant without day (sic), but it does not operate as an acquittal; for he may be afterwards reindicted, and even upon the same indictment, fresh process may be awarded.

In civil cases, a nolle prosequi is considered, not to be of the nature of a retraxit or release, as was formerly supposed, but an agreement only, not to proceed either against some of the defendants, or as to part of the suit. A nolle prosequi is now held to be no bar to a future action for the same cause, except in those cases where, from the nature of the action, judgment and execution against one, is a satisfaction of all the damages sustained by the plaintiff.

In civil cases, a nolle prosequi may be entered as to one of several counts or to one of several defendants as in the case of a joint contract, where one of two defendants pleads infancy, the plaintiff may enter a nolle prosequi as to him and proceed against the other. "

LMAO my VERYYYYYYYY FIRST SENTENCE said "Do you understand what 'nolle prosequi' means? It means that, in all likelihood, in this case, the prosecutor was not in possession of enough evidence to proceed with the charge that you are now stating you wish to pursue."

I dunno, but it sounds to me like the "not enough evidence" in YOUR postings is a lot like my "Not in possession of enough evidence to proceed" in MY posting

Thank you for repeating me.


Jury might have omitted it, but I didn't. While I didn't copy and paste the whole statute of limitations, I DID, in fact look it up---which is why I stated -(NOT IF the statute wasn't up, but SINCE or BECAUSE IT WAS NOT up yet)---

I said, ".....it is possible you could win damages against him civilly--since the statute of limitations has not run out yet."

Also, Jury is a systems administrator for Unix ( retired) LMAO afraid she doesn't know the answer to your question.

But, I do ( don't you hate it?) He was charged simultaneously ( did you read her posting?) with two things and he was found guilty---that means the case was adjudicated.

Also refer back to WIKIPEDIA--and start from the TOP of the quote:

"In most circumstances, the court with jurisdiction to hear the case must adjudicate on the application for nolle prosequi, thus finding the defendant not guilty of all charges. (she states he was granted this already--read the original posting). To determine where the public interest lies, more often than not, a motion for "nolle prosequi" indicates that the prosecution does not want to pursue the case any further (be it a civil and/or criminal case). In the essence of the United States' jurisprudence, this motion is usually filed due to the innocence of the defendant, hence, "innocent until proven guilty." In a reasonable court of law, a motion for "nolle prosequi" is only granted if it is concluded the defendant is indeed innocent. In conclusion, this means the prosecution knows it does not have enough evidence (or any evidence) that a crime has been committed, and therefore must consider the accused/defendant innocent. The charges can be reinstated if new information comes to light or the circumstances of the case change during a given period of time, typically 13 months."

The OP doesn't state any new information and it has been longer than 13 months. IF they didn't have enough information then, and none has come to light, how can he be retried?

And that, dear, was from your OWN reference. Did you even READ it all?

I feel so PROUD you have actually started RESEARCHING things. Hopefully you will read what you are copying and pasting and LEARN from it. (happy applause!)

Now, Gracie, follow your own advice. I just wanted you to retract your statement that the defendant was "found not guilty" or was "found innocent". Your past behavior is to ridicule my advice even though it is correct... we won't go into why you do that, but I put out copy from where I learned it from long ago so you couldn't do the ridicule crap without looking as ill informed as usual. Then you came out with another wrong statement. But neither of your statements is true. The defendant took a plea agreement and it went down to child abduction because there was apparently not enough evidence that could be brought out to convict. The defendant was indicted, but NOT actually taken through a trial to adjudication... it CAN be tried again... and it CAN be tried in Ohio for lots of years yet in civil court.

That child CAN have her day in court... even at 24. I only hope she gets a counselor to help her through it. If she can make it through this stressful kind of trial, you better believe the nightmares she is suffering will give her plenty to say .... to add evidence to prove what she could not relate at so young an age.