Ohio Supreme Court Says No Exception For Child Sex Crime Victims In Caps On Jury Awards
By KAREN KASLER • DEC 14, 2016, Statehouse News Bureau
The Ohio Supreme Court says a state law capping damages in certain cases is constitutional. That means a 15-year-old Delaware County girl raped by her pastor in 2008 will get a quarter of a million dollars – not the $3.5 million the jury awarded her family.
The girl’s lawyer had argued the $250,000 cap is unconstitutional, especially when it comes to underage victims of sex crimes. But a majority of the court agreed those caps on non-injury cases passed by state lawmakers in 2005 are constitutional. In her majority opinion, Justice Judith French wrote evidence showed the girl played sports, had good grades and hasn’t sought mental health treatment.
So she wrote in this case the non-injury cap applies. In their pointed dissents, Justice Paul Pfeifer wrote that tort reform has ensured child rapists will not have to pay the full measure of damages, and Bill O’Neill wrote – quoting here – “Shame on the General Assembly”. The pastor, 54-year-old Brian Williams, just finished serving an eight year sentence for sexual battery.
50 State AG Call for Grand Jury
Any investigation must be:
- independent of and separate from the church
- must have subpoena powers and ability to compel testimony under oath
Anything short of these criteria is a sham and whitewash.
In addition, write letters to the editor, make phone calls to politicians as they can apply pressure to keep them responsive to our demand. We need to make efforts to ensure that they follow up on what the state is doing to investigate these crimes.
The Attorneys General of forty states have inquired about the grand jury process in Pennsylvania. Let's get statewide investigations going in fifty states.
Note to Letter Writers
Use your own words and style of writing. Cut and paste from the templates as you wish. Include your experiences, whether as a survivor or as a member of the community. And relate your letter to the state you were abused in or state now living in.