Ohio's 'Scout's Honor Law' Opens the Door for Boy Scouts Abuse Survivors, but the General Deadline Still Stands

Published November 9, 2023 · New Laws

For decades, men who were sexually abused as boys by Scout leaders carried what happened to them in silence. Many did not speak about it until they were well into adulthood, long after Ohio's filing deadline had passed. On October 12, 2023, Governor DeWine signed a law that changes the rules for one specific group of those survivors. It is an important step, but it is narrow, and anyone thinking about a childhood-abuse claim needs to understand exactly what it does and does not do.

Why the law was needed

The Boy Scouts of America filed for bankruptcy in 2020 after a wave of abuse lawsuits. As part of its bankruptcy, a settlement trust was set up to compensate survivors. According to WYSU's reporting, the Boy Scouts set aside nearly $3 billion for more than 82,000 survivors, about 1,900 of them in Ohio.

Under the settlement, the amount a survivor receives through the trust's individual review process depends in part on the statute of limitations in the survivor's state. Survivors from states where the deadline for suing had expired would receive only a fraction of the value of their claims. Reporting by WYSU and the Associated Press put that fraction at 30 to 45 percent of the full amount. Because Ohio's deadline had expired for most adult survivors, Ohio claimants stood to be paid far less than survivors in states with more generous laws.

What House Bill 35 does

House Bill 35 of the 135th General Assembly, sponsored by Representatives Bill Seitz and Jessica Miranda and nicknamed the "Scout's Honor Law," amends R.C. 2305.111, the statute that sets the deadline for abuse claims. As it now reads, R.C. 2305.111(C)(2) provides that, only for purposes of making claims against the bankruptcy estate of an organization chartered under a specific part of Title 36 of the United States Code (that is, a congressionally chartered organization such as the Boy Scouts of America), an action based on childhood sexual abuse may be brought at any time after the cause of action accrues.

In practical terms, the time limit no longer stands in the way of Ohio survivors' claims against the Boy Scouts' bankruptcy estate, which was designed to let them qualify for full rather than reduced payments from the trust. The Associated Press reported that Ohio is the first state to use the settlement provision allowing states to extend their statutes of limitations in this way.

Three more points matter:

• It took effect immediately. The Senate added an emergency clause, so the law became effective when the governor signed it on October 12, 2023, rather than 90 days later. Lawmakers moved quickly because survivors faced approaching deadlines in the bankruptcy process.
• It is temporary. According to the Legislative Service Commission, the changes to R.C. 2305.111 are reversed effective October 12, 2028. This is a five-year window, not a permanent change.
• It is limited to the bankruptcy estate. The new rule applies only to claims against the bankruptcy estate of a congressionally chartered organization. It does not reopen lawsuits against individual abusers, churches, schools, camps, other youth organizations, or anyone else.

The general deadline has not changed

For everyone else, Ohio's abuse deadline is exactly what it was before H.B. 35. Here is how it works under R.C. 2305.111:

• Twelve years from age 18. Under R.C. 2305.111(C)(1) and (C)(3), a claim based on childhood sexual abuse must be filed within twelve years after the cause of action accrues, and it accrues when the victim turns 18. In most cases, that means the claim must be filed before the survivor's 30th birthday.
• Fraudulent concealment. For abuse occurring on or after August 3, 2006, if the defendant fraudulently concealed the facts that form the basis of the claim, the clock is paused until the survivor discovers, or with due diligence should have discovered, those facts.
• Adult assaults: one year. Under R.C. 2305.111(B), a claim for assault or battery against an adult generally must be brought within one year, a deadline we explain in our guide to deadlines and the timeline of an Ohio injury case.

Other statutes can sometimes provide a different deadline for claims arising from criminal acts, an issue we discussed in our post on why assault victims may have six years, not one. Which deadline applies depends on the facts, the defendant and the type of claim, and that analysis should be done by a lawyer, not guessed at.

Why this connects to Brandt v. Pompa

Earlier this year we wrote about Brandt v. Pompa, in which the Supreme Court of Ohio held that the state's cap on noneconomic damages was unconstitutional as applied to a woman who had been sexually abused as a child and whose $20 million jury award had been cut to $250,000. Our post on what Brandt v. Pompa means explains the decision.

Taken together, Brandt and H.B. 35 show courts and lawmakers recognizing that childhood sexual abuse causes lifelong harm that ordinary rules do not always account for. But neither one is a general rewrite of the law. Brandt addressed the damages cap for a specific class of survivors suing the person found guilty of the abuse; H.B. 35 addresses the deadline for claims against one kind of bankruptcy estate. For other claims, the twelve-year rule still controls.

What this means for you

If you are a survivor of abuse in Scouting, and you have filed or are considering a claim in the Boy Scouts bankruptcy, H.B. 35 may significantly increase what you receive. The bankruptcy process has its own procedures and deadlines, and you should confirm where your claim stands with the professionals handling it.

If you are a survivor of abuse in any other setting, or if you want to pursue someone other than the Boy Scouts' bankruptcy estate, do not assume this law helps you. Find out your deadline now. If you are under 30, or if the facts were concealed from you, you may still have time, and every month matters. Our chapter on why you should talk to a lawyer early explains why waiting is so costly.