Oral Arguments on Damage Caps in Child Rape Case at Ohio Supreme Court, December 15, 2015
What: Supreme Court of Ohio case 2014-1953: Jessica Simpkins et al. v. Grace Brethren Church of Delaware, Ohio (jurisdictional appeal). This case addresses the injustice to minor victims of sexual assault whose compensation is capped by Ohio law(1). This law harms victims while protecting the rights of those who sexually abuse children as well as those who aid and abet the abusers.
Who: Attorney John Fitch will present oral arguments representing the victim, who was raped twice by her pastor at age 15. Opposing counsel will deliver oral arguments on behalf of the appellee, Grace Brethren Church.
Why: The case is on appeal before the Ohio Supreme Court regarding the question of whether Ohio’s tort damages cap violates minor sexual assault victims’ constitutional rights to due process of law, equal protection of the laws, right to a remedy, and trial by jury. This law protects sexual predators while depriving children of their rightful compensation due to devastating pain and suffering. In this case, the jury awarded the victim $3,500,000 in pain and suffering, but her compensation was effectively capped at $250,000 for two rapes. Under the law, 50 rapes in a single course of conduct would equate to $5,000 per rape, out of which the victim pays her attorney fees and expenses.
When: Tuesday, December 15, 2015. Simpkins is the third case presented after oral arguments begin at 9:00 AM.
Where: The Ohio Supreme Court 65 S. Front St. Columbus, OH 43215 (614) 387-9000
Contact: The Fitch Law Firm 900 Michigan Ave. Columbus, OH 43215 Phone: (614) 545-3930 Fax: (614) 545-2930 Email: Clerk@thefitchlawfirm.com
Website: www.thefitchlawfirm.com
(1) R.C. 2315.18, Compensatory damages in tort actions – factors excluded – findings or interrogatories. Available at http://codes.ohio.gov/orc/2315.18
Source: http://mmdnewswire.com/jessica-simpkins-et-al-v-grace-brethren-church-of-delaware-oh-131558.html
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