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Ohio Supreme Court Says Capping Damages in Child Sex-Abuse Cases is Constitutional

In the court's majority opinion, Justice Judith French notes the rape victim played sports, got good grades and did not seek mental health services.
JO INGLES
/
STATEHOUSE NEWS BUREAU
In the court's majority opinion, Justice Judith French notes the rape victim played sports, got good grades and did not seek mental health services.

The Ohio Supreme Court says a state law capping damages in sex-abuse cases is constitutional. That means will get a quarter of a million dollars 鈥 not the $3.5 million the jury awarded her family. 

The girl鈥檚 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 that evidence showed the girl played sports, had good grades and hasn鈥檛 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鈥橬eill wrote 鈥淪hame on the General Assembly."

The pastor, 54-year-old Brian Williams, just finished serving an eight-year sentence for sexual battery.

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Karen Kasler
Karen is a lifelong Ohioan who has served as news director at WCBE-FM, assignment editor/overnight anchor at WBNS-TV, and afternoon drive anchor/assignment editor in WTAM-AM in Cleveland. In addition to her daily reporting for Ohio鈥檚 public radio stations, she鈥檚 reported for NPR, the BBC, ABC Radio News and other news outlets. She hosts and produces the Statehouse News Bureau鈥檚 weekly TV show 鈥淭he State of Ohio鈥, which airs on PBS stations statewide. She鈥檚 also a frequent guest on 星空无限传媒 TV鈥檚 鈥淐olumbus on the Record鈥, a regular panelist on 鈥淭he Sound of Ideas鈥 on ideastream in Cleveland, appeared on the inaugural edition of 鈥淔ace the State鈥 on WBNS-TV and occasionally reports for 鈥淧BS Newshour鈥. She鈥檚 often called to moderate debates, including the Columbus Metropolitan Club鈥檚 Issue 3/legal marijuana debate and its pre-primary mayoral debate, and the City Club of Cleveland鈥檚 US Senate debate in 2012.