--- description: Tort Law Revisions Leaves Sexual Assault Victims Behind title: Tort Law Revisions Leaves Sexual Assault Victims Behind canonical: https://www.chaikinandsherman.com/blog/2017/09/tort-law-revisions-leaves-sexual-assault-victims-behind/ date_published: 2017-09-27T18:46:00+00:00 date_modified: 2021-08-08T15:13:00+00:00 practice_area: blog --- - Tort Law Revisions Leaves Sexual Assault Victims Behind [Back to CSCS Blog](https://www.chaikinandsherman.com/blog/) # Tort Law Revisions Leaves Sexual Assault Victims Behind [Home](https://www.chaikinandsherman.com/) » [Recent Posts](https://www.chaikinandsherman.com/blog/) » Tort Law Revisions Leaves Sexual Assault Victims Behind [September 27, 2017](https://www.chaikinandsherman.com/blog/2017/09/27/) - [Criminal Law](https://www.chaikinandsherman.com/blog/category/practice-areas/criminal-law/) The revision of our country’s tort laws has long been a goal of U.S. corporations, doctors, and some conservative groups. Such tort revision, often unfairly couched as tort ‘reform,’ seeks to adversely affect people’s ability to access the civil justice system, and to reduce the amount of damages a person or family can recover after they’ve been injured. On the federal level, [House Republicans have been quietly advancing](https://www.washingtonpost.com/national/house-gop-quietly-advances-key-elements-of-tort-reform/2017/03/09/d52213b2-0414-11e7-b1e9-a05d3c21f7cf_story.html?utm_term=.de3a6e34f198) such an agenda. Many different kinds of people will suffer as a result of this, including sexual assault victims. In fact, such unfortunate changes in tort law have already occurred in the state of Ohio. If Ohio is any indication of what is to come from such proposed revisions to our civil justice system, it is clear that[sexual assault victims](https://www.chaikinandsherman.com/2018/05/uber-lyft-end-mandatory-arbitration-for-sexual-assault-claims/) will be left behind. In 2004, Ohio revised its tort laws to the detriment of patients, consumers, and perhaps an unintended victim- [sexual assault survivors](https://www.chaikinandsherman.com/2018/05/students-sue-gw-alleging-university-ignored-their-complaints-of-sexual-assault/). In 2007, the [Ohio Supreme Court upheld](https://www.supremecourt.ohio.gov/PIO/summaries/2007/1227/061212.asp) these laws, which capped the amount of noneconomic damages that can be awarded to an injured person. For sexual assault survivors, this has drastic consequences to the amount you are permitted to recover. For example, if you are sexually assaulted as a child , you may be in need of some form of mental health counseling or therapy for the rest of your life. Yet in Ohio, you are capped at receiving $350,000 for noneconomic damages, no matter how egregious the crime. This is true even if the jury awards you 3.5 million, as this happened to [sexual assault survivor Jessica Simpkins.](https://mic.com/articles/184029/how-republicans-tort-reform-laws-leave-sexual-assault-victims-behind#.bpC4J8BWi) She was raped by her church’s pastor as a child. After her civil trial against the church for failing to take action against the pastor (who was a known sexual predator before he assaulted Simpkins), the jury awarded her 3.5 million dollars for her pain and suffering. The Courts took that award, applied the law passed by legislators in 2004, and capped her damages at a mere $350,000. The [Mic Network did a piece on this](https://mic.com/articles/184029/how-republicans-tort-reform-laws-leave-sexual-assault-victims-behind#.nheQfVUjR), and in it noted that a handful of Ohio lawmakers also agreed that this was an unacceptable consequence of tort reform: “In 2017, state Rep. Anne Gonzales (R) and Kristin Boggs (D), [introduced legislation](https://www.legislature.ohio.gov/legislation/legislation-summary?id=GA132-HB-20) to revise Ohio’s tort reform law to include an exception to the damage cap for victims of “rape, felonious assault, aggravated assault, assault or negligent assault asserting any claim resulting from the rape, felonious assault, aggravated assault, assault or negligent assault.” The legislation never even got to a committee hearing. Such legislation’s effects on sexual assault victims in Ohio should serve as a cautionary tale for the rest of the country. We clearly cannot let such laws spread. It takes away the autonomy and discretion of judges and juries alike, and disempowers them from arriving at a just verdict on behalf of a victim. While we encourage strong opposition to any tort ‘reform’ being proposed in state or federal government, it is especially reprehensible when it negatively impacts survivors of sexual assault. [Contact Chaikin, Sherman, Cammarata & Siegel, P.C.](https://www.chaikinandsherman.com/contact-us/) by phone at (202) 659-8600 to get started with your personal injury claim. Find Something Interesting? Share This post Facebook X LinkedIn Email Print ## Get free advice about the compensation you deserve. At Chaikin, Sherman, Cammarata & Siegel, P.C., our car accident attorneys fight tirelessly to secure the compensation you deserve, handling every aspect of your case to protect your rights. Trust us to stand by you and advocate aggressively on your behalf. [Free Consultation](#) #### In This Post ## Contact Us Today! "*" indicates required fields Name* First Last Name* Last Email** Phone*Are you a new client?*Are you a new client? *Yes, I'm a potential new client.No, I'm a current existing client.I'm neitherCase TypeCase TypeMotor Vehicle AccidentSlip & FallAssaultMedical MalpracticeAbuseWork InjuryOtherWere You at Fault?Were You At Fault?NoYesUnknownWhere Did The Incident Occur?Where Did The Incident Occur?Washington, D.C.VirginiaMarylandOtherDid The Accident Occur In the Last Two Years?Did The Accident Occur In the Last Two Years?YesNoShare Brief Description of the Incident* Send ## Recent Posts [Allan Siegel](https://www.chaikinandsherman.com/blog/author/asiegel/)07/30/2026 Partner Allan M. Siegel represented two clients who were passengers... [Read More](https://www.chaikinandsherman.com/blog/2026/07/cscs-wins-780000-settlement-for-two-passengers/) [Allan Siegel](https://www.chaikinandsherman.com/blog/author/asiegel/)07/29/2026 Partner Allan M. Siegel served on the faculty of the... [Read More](https://www.chaikinandsherman.com/blog/2026/07/partner-allan-m-siegel-invited-to-serve-on-the-faculty-at-the-aajs-first-traumatic-brain-injury-college/) [Joseph Cammarata](https://www.chaikinandsherman.com/blog/author/jcammarata/)07/29/2026 Partner Joseph Cammarata has been appointed adjunct professor at American... [Read More](https://www.chaikinandsherman.com/blog/2026/07/joseph-cammarata-american-university-washington-college-of-law/) [Allan Siegel](https://www.chaikinandsherman.com/blog/author/asiegel/)07/29/2026 Partner Allan M. Siegel was elected to four AAJ litigation... [Read More](https://www.chaikinandsherman.com/blog/2026/07/partner-allan-m-siegel-elected-to-multiple-leadership-positions-at-aajs-summer-convention-in-chicago/) Load More ```json-ld {"@context":"https://schema.org","@graph":[{"@type":"LegalService","@id":"https://chaikinandsherman.com/#firm","name":"Chaikin, Sherman, Cammarata & Siegel Personal Injury Lawyers","url":"https://www.chaikinandsherman.com/","telephone":"+1-202-659-8600","email":"publicrelations@dc-law.net","logo":"https://www.chaikinandsherman.com/wp-content/uploads/2024/08/new-logoBaskerville@2x.png","image":"https://www.chaikinandsherman.com/wp-content/uploads/2024/08/cscs-firm-photo.jpg","description":"Chaikin, Sherman, Cammarata & Siegel is a Washington D.C. personal injury law firm with decades of experience representing accident victims throughout DC, Maryland, and Virginia.","foundingDate":"1969","address":{"@type":"PostalAddress","streetAddress":"1232 17th St NW","addressLocality":"Washington","addressRegion":"DC","postalCode":"20036","addressCountry":"US"},"founder":[{"@type":"Person","name":"Joseph Chaikin","address":{"@type":"PostalAddress","streetAddress":"1232 17th St NW","addressLocality":"Washington","addressRegion":"DC","postalCode":"20036","addressCountry":"US"}},{"@type":"Person","name":"Ira Sherman","address":{"@type":"PostalAddress","streetAddress":"1232 17th St NW","addressLocality":"Washington","addressRegion":"DC","postalCode":"20036","addressCountry":"US"}}],"employee":[{"@type":"Attorney","name":"Allan M. Siegel","jobTitle":"Founding Partner","email":"asiegel@dc-law.net","telephone":"+1-202-659-8600","address":{"@type":"PostalAddress","streetAddress":"1232 17th St NW","addressLocality":"Washington","addressRegion":"DC","postalCode":"20036","addressCountry":"US"}},{"@type":"Attorney","name":"Joseph Cammarata","jobTitle":"Founding Partner","email":"jcammarata@dc-law.net","telephone":"+1-202-659-8600","address":{"@type":"PostalAddress","streetAddress":"1232 17th St NW","addressLocality":"Washington","addressRegion":"DC","postalCode":"20036","addressCountry":"US"}}],"areaServed":[{"@type":"AdministrativeArea","name":"Washington, D.C."},{"@type":"AdministrativeArea","name":"Maryland"},{"@type":"AdministrativeArea","name":"Virginia"}],"contactPoint":{"@type":"ContactPoint","telephone":"+1-202-659-8600","contactType":"customer service","areaServed":"US","availableLanguage":"en"},"knowsAbout":["Personal Injury Law","Motorcycle Accidents","Car Accidents","Medical Malpractice","Truck Accidents","Brain Injury Cases"],"sameAs":["https://www.linkedin.com/company/chaikin-sherman-cammarata-&-siegel/","https://www.youtube.com/channel/UCjeO2vc67zgjYKFqnnmP51g","https://www.facebook.com/CSCSLaw/","https://x.com/CSCSLaw"]},{"@type":"WebPage","@id":"https://chaikinandsherman.com/blog/2017/09/tort-law-revisions-leaves-sexual-assault-victims-behind","url":"https://chaikinandsherman.com/blog/2017/09/tort-law-revisions-leaves-sexual-assault-victims-behind","isPartOf":{"@id":"https://chaikinandsherman.com/#website"},"about":{"@id":"https://chaikinandsherman.com/#firm"}},{"@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Home","item":"https://chaikinandsherman.com/"},{"@type":"ListItem","position":2,"name":"Blog","item":"https://chaikinandsherman.com/blog"},{"@type":"ListItem","position":3,"name":"2017","item":"https://chaikinandsherman.com/blog/2017"},{"@type":"ListItem","position":4,"name":"09","item":"https://chaikinandsherman.com/blog/2017/09"},{"@type":"ListItem","position":5,"name":"Tort Law Revisions Leaves Sexual Assault Victims Behind","item":"https://chaikinandsherman.com/blog/2017/09/tort-law-revisions-leaves-sexual-assault-victims-behind"}],"speakable":{"@type":"SpeakableSpecification","cssSelector":[".entry-content",".post-content",".page-content","article","main"]}}]} ```