Sexual Assault Victims' Rights in Ohio
Ohio provides sexual assault survivors with extensive legal protections, both inside the criminal justice system and in civil court. Under Marsy's Law (Article I, Section 10a of the Ohio Constitution) and Ohio Revised Code Chapter 2930, survivors have constitutional rights to fair treatment, participation in criminal proceedings, free forensic examinations, and financial compensation for their losses. Survivors also have the independent right to file a civil lawsuit against the institutions and individuals responsible for the harm.
At OhioSexAbuseLawyer.com, Andy Goldwasser has represented survivors of sexual assault throughout Ohio and nationally for over 25 years. In that time, one pattern comes up repeatedly: survivors don't know the full scope of their rights, and that gap affects what happens next. This guide explains what Ohio law guarantees.
Marsy's Law: Ohio's Constitutional Protections for Survivors
Ohio voters approved Marsy's Law in November 2017. It took effect in February 2018 as Article I, Section 10a of the Ohio Constitution, and it guarantees that crime victims, including sexual assault survivors, are treated with "fairness and respect for the victim's safety, dignity and privacy."
These are constitutional rights, protected "in a manner no less vigorous than the rights afforded to the accused." If a right is violated, survivors or their counsel can assert it in court and petition the appellate court for relief.
Marsy's Law grants survivors the following rights:
Fair and respectful treatment. Law enforcement, prosecutors, and courts must treat you with dignity at every stage.
Notice and presence. Upon request, you receive timely notice of all public proceedings and may attend them.
The right to be heard. You can speak at release hearings, plea proceedings, sentencing, and parole hearings.
Protection from the accused. You are entitled to reasonable protective measures.
Refusal of the accused's discovery requests. You may refuse an interview, deposition, or any other discovery request made by the accused or their counsel.
Full and timely restitution. You have the right to restitution directly from the offender.
Prompt resolution. Courts cannot allow unreasonable delays in your case.
The right to confer with the prosecutor. You can meet with the government's attorney before key decisions are made.
Written notice of your rights. You must be informed of all these rights in writing.
Statutory Protections Under the Ohio Revised Code
Ohio Revised Code Chapter 2930 builds on those constitutional guarantees and places specific duties on law enforcement, prosecutors, and courts.
What Prosecutors Are Required to Do
Under ORC ยง2930.06, prosecutors must confer with you before major decisions, including before dismissing charges, entering a plea agreement, or going to trial. After charges are filed, they must promptly provide you with:
The charges filed
The defendant's name and case number
An explanation of court procedures
A full summary of your rights
Prosecutors must also give you a Victims' Rights Request Form that lists all your rights and explains how to exercise them.
Your Contact Information Is Protected
Ohio law expressly prohibits prosecutors from disclosing your address or phone number without your permission. Your personal information stays protected throughout the criminal process.
A Criminal Case Cannot Be Dismissed Based Solely on Your Withdrawal
If you choose to withdraw your cooperation, that alone is not legal grounds for dismissal. Under ORC ยง2930.06, a court "shall not dismiss" a criminal charge solely at a victim's request if the prosecutor objects. Your decision about participation does not end the state's ability to pursue the case.
Notification After Conviction
If an offender is convicted, ORC ยง2930.16 entitles you to know when they are incarcerated, their expected release date, and information about upcoming parole hearings. Ohio's VINE (Victim Information and Notification Everyday) service automates these notifications so you don't have to track it manually.
Your Right to a Free Forensic Examination
Ohio law guarantees sexual assault survivors access to free, comprehensive medical exams. Under ORC ยง2907.28(B), no costs for forensic evidence collection in a sexual assault case can be billed to the victim or their insurer.
The Sexual Assault Forensic Examination (SAFE) Program, administered by the Ohio Attorney General, reimburses hospitals directly, paying out over $3.5 million on average to medical facilities statewide. The state also covers STI-prophylaxis medications provided during the exam.
Other protections around forensic exams:
24/7 availability. ORC ยง2907.29 requires every Ohio hospital with emergency services to have qualified examiners on-call at all times.
Minors may consent without parental approval. A minor can undergo a forensic exam on their own consent. The hospital notifies parents afterward and cannot bill them for the exam.
Anonymous reporting option. You can have evidence collected under an anonymous rape kit, receiving a kit ID number with no obligation to identify yourself. Only the basic fact that care was provided is automatically reported to authorities. You can decide later whether to involve law enforcement.
Rape crisis advocate. A rape crisis advocate is available during the exam for emotional support.
Crime Victims Compensation in Ohio
Beyond restitution from an offender, Ohio provides a state-funded compensation program for survivors. The Crime Victims Compensation Program, administered by the Ohio Attorney General, can reimburse eligible survivors for out-of-pocket costs up to $50,000 total.
Covered expenses include medical and hospital bills, counseling (including for family members of sexual assault victims), lost wages, and funeral costs for homicide victims.
To qualify, survivors generally must report the crime to law enforcement. The Ohio Alliance to End Sexual Violence maintains a statewide directory of rape crisis centers and victim advocates who can help with the application process.
Your Right to File a Civil Claim
Criminal proceedings and civil lawsuits are two entirely separate legal tracks. A civil claim does not require a criminal conviction, and in many cases, civil litigation is where survivors can hold institutions fully accountable.
Many sexual assaults happen because a school, church, employer, sports organization, or other institution failed to protect the people in its care. Civil law allows you to pursue a claim directly against those institutions for negligent hiring, inadequate supervision, failure to report, or enabling the abuse to continue. The burden of proof in civil court is lower than in criminal proceedings: rather than "beyond a reasonable doubt," the standard is a "preponderance of the evidence," meaning it is more likely than not that the defendant is responsible.
We work with survivors on a wide range of civil sexual abuse claims, including cases involving:
Schools and teachers
Churches and religious organizations
Sports coaches and youth programs
Daycare providers
Healthcare facilities and nursing homes
Human trafficking
A civil claim can result in financial compensation for medical expenses, lost income, pain and suffering, and other losses.
Civil cases are handled on a contingency basis, which means there are no upfront costs. You pay no attorney fee unless we recover compensation for you.
Key Rights at a Glance
| Right | Legal Basis |
|---|---|
| Fair and respectful treatment | Ohio Constitution, Art. I §10a(A)(1) |
| Timely notice and presence at proceedings | Art. I §10a(A)(2); ORC §2930.06(C) |
| Right to be heard at hearings | Art. I §10a(A)(3) |
| Protection from the accused | Art. I §10a(A)(4) |
| Refuse the accused's discovery requests | Art. I §10a(A)(6) |
| Restitution from the offender | Art. I §10a(A)(7); ORC §2929.18 |
| Prompt case resolution | Art. I §10a(A)(8) |
| Confer with the prosecutor | Art. I §10a(A)(9); ORC §2930.06(A)(1) |
| Written notice of all rights | Art. I §10a(A)(10); ORC §2930.06(C) |
| Free forensic exam, no charge to victim | ORC §2907.28(B); SAFE Program |
| 24/7 exam availability | ORC §2907.29 |
| Anonymous rape kit | Ohio law and AG guidance |
| Crime Victims Compensation (up to $50,000) | ORC §2743.51-72 |
| Post-conviction notifications | ORC §2930.16; VINE program |
Frequently Asked Questions
A few questions come up regularly when survivors are deciding what to do next.
Do I Have to Report the Assault to Police to Get a Rape Kit?
No. Ohio allows anonymous rape kit collection. You can have evidence collected without identifying yourself or filing a police report. You receive a kit ID number and can decide later whether to involve law enforcement.
Does a Civil Lawsuit Require a Criminal Conviction?
No. Civil and criminal cases operate independently. Civil cases use a "preponderance of the evidence" standard, which is a lower bar than the "beyond a reasonable doubt" standard required for criminal conviction. Many survivors pursue civil claims when criminal charges were never filed or did not result in conviction.
Who Pays for My Medical Exam After a Sexual Assault?
Ohio law covers the cost. Under ORC ยง2907.28(B), the state pays for forensic evidence collection and STI-prevention medications through the SAFE Program. You should not receive a bill for the exam itself.
Can I Stay Anonymous in a Civil Case?
Many civil sexual abuse cases are filed under a "Jane Doe" or "John Doe" designation. Whether anonymity is available depends on the specific court and circumstances. This is an important question to raise with your attorney before filing.
What If I Cannot Afford a Lawyer?
Civil sexual abuse cases are handled on a contingency fee basis. There are no upfront costs, and no attorney fee is owed unless the case results in a recovery.
Additional Support Resources
Ohio's network of rape crisis centers provides free counseling, court advocacy, and assistance with compensation claims. A full statewide directory is available through the Ohio Alliance to End Sexual Violence at oaesv.org. Additional resources for survivors are available on our resources page.
Talk to Andy Goldwasser
If you are a survivor or a family member of a survivor and want to understand your legal options, we offer free, confidential consultations. Andy Goldwasser has handled sexual assault and abuse cases throughout Ohio and nationally for over 25 years, and he personally evaluates every case.
There is no obligation, no cost to speak with us, and everything you share is protected. Request a free consultation.