Schiavoni pushes to end time limits in sex abuse cases

Victims’ rights attorney Gloria Allred was on hand Wednesday as Ohio Sen. Joe Schiavoni, D-Boardman, announced a bill that would eliminate time limits on when perpetrators of sex crimes could be prosecuted or sued for damages.

Allred has represented women who have accused comedian Bill Cosby and President Donald Trump of sexual abuse. Allred said she came to Ohio on Wednesday because she had been contacted by many men who said they were assaulted by Richard Strauss, a former Ohio State University team physician who is the subject of more than 100 firsthand sexual abuse complaints.

“Unfortunately, for all of those who contacted me, it appears to be too late to pursue justice in the civil or criminal justice system, because not only is Dr. Strauss deceased, but also because an arbitrary time period set by law called the statute of limitations will likely prevent them from seeking justice in the civil or criminal justice systems,” she said.

In response to sexual abuse scandals involving Catholic priests, powerful individuals and others, several states have eliminated the time limit by which prosecutors must file criminal cases in sex crimes. But, Schiavoni said that to his knowledge, no states have eliminated time limits for seeking civil damages for sex crimes.

“Ohio can be a trailblazer,” Allred said.

Currently, Ohio prosecutors must file charges in sex-crime cases within 25 years of the alleged occurrence, Schiavoni said. In order to sue in civil court, the time limit is just two years.

“There is no statute of limitations on murder and there shouldn’t be a statute of limitations on rape,” he said.

Allred explained that prosecutors are not compelled to bring charges and, as evidence grows cold, often are less inclined to do so. That’s why it’s important to enable victims to seek remedies in civil court, where the standard of proof is lower, she said.

Survivors explained why it might take so long to report sexual assault.

Elizabeth Joy, of the Columbus group Survivors to Alivers, said she had been sexually abused by her brother as a child and then raped by a teacher when she was 16. She said things went badly when she finally confronted her brother decades after she said the abuse took place.

“The year I gained my voice is the year I lost my family,” she said.

For survivors who are already outside the statute of limitations, Allred and Schiavoni said constitutional considerations likely block their ability to seek redress in the courts. However, Allred said, nothing is stopping Ohio State from conducting its own investigation and compensating victims of Strauss.

Ohio State has hired an independent investigator to probe the matter.

“The independent Strauss investigation will be over soon, and the university will share the findings and develop the appropriate response and action at that time. The investigation is of the highest priority to the university,” Christopher Davey, OSU vice president for university communications, said in an email.

Schiavoni said Michigan lawmakers are considering narrower legislation that would extend statutes of limitations in civil and criminal cases just for victims of Michigan State University sports doctor Larry Nassar, who has been convicted of sexually abusing athletes. But Schiavoni said the problem of sexual abuse extends well beyond Ohio State, and he sees no reason just to address Strauss’ victims in his legislation.

The bill itself appears to have little chance. It’s a lame-duck session. Schiavoni and his co-sponsors are Democrats, who are in the minority. And Schiavoni himself is leaving the Senate at the end of the year.

But Schiavoni still sees room for progress.

“The goal is to get a hearing and allow the survivors to come forward and tell their stories,” he said, explaining that would build a consensus that the issue needs to be addressed.