Virginia Sex Abuse Lawyers

If you’ve experienced sexual abuse or assault, whether as a child or an adult, you have the legal right to pursue civil action against both the perpetrator and any institution, such as a school, company, or organization, that may bear responsibility for the harm inflicted.

This page will provide a concise overview of sexual abuse lawsuits in Virginia. We’ll look at the statute of limitations governing civil cases related to sexual abuse, as well as the potential monetary compensation that may be sought. Additionally, we’ll explore the implications of a proposed legislative change in Virginia that could make it easier for child sexual abuse survivors to seek legal recourse.

If you’re dealing with a sexual abuse case in Virginia, don’t hesitate to reach out to us for a complimentary consultation at 800-553-8082.

Defining Sexual Abuse in Virginia

In Virginia, the legal definition of sexual abuse or assault closely aligns with that of other states. Sexual abuse is defined as any deliberate “sexual touching” carried out without consent. This definition consists of two essential components: (1) the act of sexual touching, and (2) the absence of consent.

Sexual touching encompasses any intentional contact with another person’s sexual organs, motivated by the pursuit of sexual gratification. For instance, accidentally brushing against a woman’s breasts in an elevator does not meet the threshold for sexual abuse, whereas purposefully fondling them does.

The second crucial element for categorizing an act as sexual abuse is the absence of consent. If the sexual touching occurs without consent, it unequivocally constitutes abuse or assault. Importantly, minors, defined as individuals under the age of 18, lack the legal capacity to provide consent. This means that any sexual touching by an adult involving a minor is automatically deemed sexual abuse.

Suing for Sexual Abuse in Virginia

Virginia law allows individuals who have been victims of sexual abuse have the opportunity to pursue legal action through a civil lawsuit to seek financial compensation. Virginia grants victims the right to file a civil lawsuit independent of whether they have pursued criminal charges. It’s possible to file a lawsuit for sexual abuse even if the abuse has never been disclosed to anyone before.

To initiate a civil lawsuit for sexual abuse, victims are only required to be prepared to provide sworn testimony detailing the circumstances of the abuse or assault. This testimony may be supported by additional evidence, such as medical records demonstrating physical injuries resulting from the assault. Additionally, testimony from other witnesses who can corroborate the factual elements of the case may also be presented.

Although sexual abuse lawsuits become public record, Virginia’s civil procedure rules allow victims involved in such cases to protect their anonymity in publicly filed court documents. For instance, if a person named Jessica Smith files a sexual abuse lawsuit, she can be identified as “J.S.” or Jane Doe in the legal pleadings.

Third-Party Liability in Virginia Sex Abuse Lawsuits

In any sexual abuse or assault lawsuit, the individual person who committed the sexual abuse. Suing the abuser can often be pointless, however, because they might already be dead or in jail. Even if they are still around, they probably don’t have the money or financial resources to pay for any compensation awarded in the lawsuit.

Suing a third party for negligence in connection with the abuse is the most effective way to get money in a sex abuse lawsuit. Common examples of third-party defendants include schools, youth organizations, churches,  and gyms. Third parties have liability if their negligence somehow enabled the abuse to occur or to continue. Third parties in sex abuse lawsuits can also be held liable if they attempt to cover up abuse incidents after the fact.

Virginia Statute of Limitations for Sex Abuse Civil Lawsuits

Virginia law establishes distinct statute of limitations periods for sex abuse cases depending on whether the abuse took place when the victim was a child or an adult.

If the sexual abuse occurred during the victim’s childhood (under the age of 18), Virginia law allows the victim until their 38th birthday (20 years after reaching 18) to initiate a civil lawsuit for that abuse (Va. Stat. § 8.01-243(D)).

Conversely, if the victim was an adult at the time of the abuse, they must file a lawsuit within 2 years from the date of the occurrence. However, as of March 2023, Virginia implemented a new law extending the time limit for adult victims of sexual abuse, specifically those victimized by a “person of authority,” to 15 years to file a civil lawsuit. This new provision in the statute states:

every action for injury to the person, whatever the theory of recovery, resulting from sexual abuse occurring when the person was 18 years old or older by a person of authority over a victim shall be brought within 15 years after the cause of action accrues. For the purposes of this subsection, “person of authority” means a person in a position of trust having influence over the victim’s life.

Va. House Bill 1647 (amending and reenacting Virginia Code § 8.01-243). The law took effect on July 1, 2023.

Virginia Sex Abuse Verdicts & Settlements

$6,850,000 Verdict: A woman claimed that she had been sexually molested by her father since the age of four until she was 14. She filed a sex abuse lawsuits against her father claiming that he According to the woman, her father used his power along with threats of violence and discipline, judgment and drugs to intentionally and habitually sexually molest her. 

$828,000 Verdict: A 2-year-old girl was raped, sodomized and choked at he babysitter’s house by the babysitter’s sons (aged 13 and 11). The abuse occurred multiple times over a 3-month period. Her parents filed a lawsuit against the child care referral service alleging that it was negligent in investigating the provider.

$250,000 Verdict: The plaintiff was 11-years-old when the defendant, an adult male, allegedly exposed himself to the plaintiff and told him he should engage in sodomy with him.

$637,000 Verdict: The plaintiff, a 14-year-old female, claimed that she was sexually molested by the male defendant while she was babysitting for his children. The plaintiff contended that the defendant held her against her will and forced her to engage in various sexual acts against her will.

$425,000 Settlement: The plaintiff, a female, claimed that when she was 7 she was coerced into engaging in sexual activity with minor boys in the apartment manager’s unit.  The plaintiff contended that the manager had a history of child molestation and she sued the property management company who hired him claiming it was negligent for failing to properly check the manager’s background before hiring him.

$660,000 Settlement: A group of 12 young girls claimed that when they were between the ages of 6 and 9, they were sexually molested by their school bus driver. They sued the school district for negligence in hiring the bus driver and the case settled.

Call Our Virginia Sex Abuse Lawyers

If you were the victim of sexual abuse and want to file a sex abuse lawsuit in Virginia, contact us today at 800-553-8082 or contact us online.