R.C. 2305.10(G) Interpretation

In Ault v. Jasko (1994), 70 Ohio St.3d 114, 1994 Ohio 376, 637 N.E.2d 870, the Ohio Supreme Court stated that a childhood sexual abuse victim's cause of action accrues only when the victim recalls or otherwise discovers that he or she was sexually abused. Thus, the legislature by enacting R.C. 2305.10(G) states that the twelve-year limitation period applies regardless of the previous rule of law established in Ault. Nowhere in the Ault decision does the Supreme Court state it bases its decision to expand the statute of limitation on state or federal constitutional grounds. R.C. 2305.10(G) was seemingly passed with the Ault decision in mind, and we read the uncodified language with that in mind as well. The uncodified language states that the amendments to R.C. 2305.111 apply to all civil actions for assault and battery based on childhood sexual abuse that occurred prior to the effective date of the act and for which period of limitations applicable prior to the effective date has not expired.