QUESTION
Who can I talk to about a civil lawsuit for sexual imposition?
Asked on Mar 28th, 2017 on Civil Litigation - Ohio
More details to this question:
I was the victim of sexual imposition almost two years ago. The initial charge was gross sexual imposition but the grand jury came back with a misdemeanor sexual imposition. The case was scheduled for trial February 10 I believe. Somehow the file was never sent from the Court of Common Pleas to the municipal court when the felony was reduced. The prosecutor did not know he was trying the case. Therefore, the judge dismissed the case without prejudice due to speedy trial rights. The statute for the crime is up at the end of next month if it is two years. Clearly with the mess of the court system I did not get closure. I am not sure if I need to file a civil suit against the defendant or find out who should be held accountable for the mistake.
1 ANSWER
Assuming that the statute of limitations has not run on the civil claim (it probably has not) you would file a civil suit against the attacker. Unless Ohio has very different laws regarding sovereign immunity and governmental privilege than the jurisdictions in which I practice, you have no claim against the government employees who screwed up unless you can show that they acted intentionally, and even then I'm not sure you would have a claim, and you would likely face a much shorter statute of limitations and various statutory notice requirements.
Answered on Mar 28th, 2017 at 3:14 PM