Virginia Sexual Abuse Lawyer

Item: The Law Office of Andrew Shubin
Rating: 5
Author: Tina L

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Fighting For Important Causes In State And Federal Courts

It is not unusual for victims of sexual abuse to feel trapped or silenced by an abuser. Many wait years before coming forward, and justice might be difficult to achieve. Even if the abuser in your case is never criminally charged, you can still get justice by filing a civil claim for damages, and our legal team can help you get fair compensation and closure.

While various people or entities might be responsible for sexual, certain defendants tend to come up more often. Many are abused by trusted adults in their lives, including family members, teachers, or employers. In some cases, a business might be held liable for abuse. In other cases, institutions like churches or schools might be implicated. Whoever is responsible, you should speak to a lawyer fast, as the time for filing civil claims might be coming to a close. Once you have a lawyer, they can help you gather evidence to build a strong case. Testimony from witnesses, records about the abuse, and your testimony are just a few key pieces of evidence.

Get a confidential case evaluation for free when you call (814) 826-3586 and talk to our sexual abuse attorneys at The Law Office of Andrew Shubin.

Who Might Be Responsible for Sexual Abuse in a Virginia Civil Case

One aspect of many sexual abuse cases that can be very complicated is determining who is responsible. Many victims are unsure about the identity of the abuser. Others might know who abused them, but they might now know where they are or how to find them. Still, other cases might involve defendants whom plaintiffs are unaware of. An attorney can help you figure out who to include in your civil case for sexual abuse.

Individuals in Your Personal Life

Many people are abused by those closest to them. For example, people who experience childhood sexual abuse are often victimized by parents, other adult family members, teachers, coaches, and other trusted adults. Others might be abused by neighbors or people in their local community whom they trusted.

Another possibility is that you had an intimate or romantic relationship with the abuser. Many plaintiffs report being abused by a partner or spouse or even a one-time fling. This can be very complicated, as the defendant often tries to use the existence of a prior romantic relationship to undermine the plaintiff’s claims. Our sexual abuse lawyers can help you refute such claims and prove that you were abused.

Businesses and Organizations

Depending on how the abuse occurred, a business or organization might be held responsible in court. This is often the case when abuse takes place in someone’s place of work. For example, if a supervisor sexually abused you, your employer might also be responsible. In many such cases, defendants use their employment to commit acts of abuse. Sometimes, employers are aware of the abuse and choose to do nothing. Sometimes, they even help cover up the evidence to avoid a scandal.

An employer may be held responsible even if you do not work for them. The key is that the defendant used their employment status to inflict the abuse. For example, a young student who does not have a job might sue not only the teacher who abused them but also the school that employed the teacher if the teacher used their job to access the student and inflict the abuse.

Institutions

Certain institutions may also be held responsible if they were involved in the abuse. As mentioned before, schools may be liable for abuse when it is inflicted by a teacher, coach, or some other school staff member. This goes for public schools and private ones. However, public schools are considered governmental entities, and suing them may be tricky. Speak to your attorney soon if your case involves a public school.

Another commonly implicated institution is the church or other religious groups. Religious leaders might use their position to abuse people within their congregations. It is not unusual for religious groups to keep the police out of these things and deal with abuse internally, which often means shielding abusers and doing nothing to help victims.

How Long You Have to File a Civil Case for Sexual Abuse in Virginia

Your time to file a civil case is limited. What is more, your specific time limit will vary based on how old you were when the abuse happened. Those abused as kids typically have more time to prepare their claims. Regardless, you should speak to a lawyer as soon as possible.

Childhood Sexual Abuse

Childhood sexual abuse is unfortunately more common than many people realize. According to Va. Code § 8.01-243(D), victims sexually abused when they were younger than 18 have 20 years to file their claims in civil court. This limitation period usually begins when the victim turns 18, giving them until age 38 to file their claims.

While this sounds like a very long time, it is a surprisingly short limitation period. It is common for victims of childhood abuse to wait many decades before coming forward with their claims. Some people do not report sexual abuse from their childhood until they are in their 40s or 50s.

Sexual Abuse Against Adults

Many adults experience sexual abuse, and their limitation period is somewhat shorter. Adults are often better equipped to take legal action independently, and so their time to file civil claims is shorter. According to § 8.01-243(D1), the limitation period is 10 years for most cases involving adults.

However, under Subsection D2, the limitation period may be 15 years for adults where the defendant was a “person of authority” and had power or control over the plaintiff. The law here describes a person of authority as someone trusted by the plaintiff and has some influence over the plaintiff’s life. This might include a professor at college, employers, supervisors, and more.