Statute of Limitations on Sexual Abuse Lawsuits in West Virginia

For many victims of sexual abuse, coming forward to get justice often seems an insurmountable task. However, they might be unaware that our attorneys can help hold their abuser accountable in a lawsuit in West Virginia civil court.

The largest barrier to victims getting justice for their abuse is the statute of limitations, the deadline to file a lawsuit. This strict rule does not allow a lawsuit to be filed after it passes and makes little accommodations to victims who often do not come forward immediately. If the abuse was committed against an adult, they will only have two short years to prepare and file their case. The law is slightly more fair to child sexual abuse victims, allowing them to file until age 36 or later in some cases.

For a confidential and free review of your case, contact our attorneys for victims of sexual abuse in West Virginia at The Law Office of Andrew Shubin now by calling (814) 826-3586.

Understanding How Long Victims of Sexual Abuse Have to File a Lawsuit in West Virginia

Most people understand there is a time limit to filing criminal charges and civil lawsuits, which each state refers to as “statutes of limitations.” This helps ensure cases are not filed long after the incident occurs, when evidence and witnesses might not be available anymore. The problem with this in cases of sexual abuse is that victims often have many reasons for not coming forward initially.

Some are children when the abuse occurs and do not remember it until much later. Many adult victims reasonably fear to come forward because law enforcement might not take their case seriously. While it might seem difficult, our attorneys for victims of sexual abuse in West Virginia can help you get some measure of justice by filing a lawsuit in civil court. Civil courts cannot send the abuser to jail, but they can award monetary damages for the incredible harm they caused. However, West Virginia does not offer much time for victims abused during childhood to file and even less for adult victims.

Adult Abuse Victims

Sexual abuse of adults is considered an “intentional tort” for the purposes of a personal injury lawsuit. Under W.V. Code § 55-2-12(b), victims 18 or older only have two years from the date the abuse occurred to file a lawsuit for personal injuries. While incredibly unfair, if your lawsuit is not filed before that deadline, you cannot recover compensation through the courts.

When we file civil lawsuits for adults, we argue that the defendant is liable for assault and battery. Many people use the terms “battery” and “assault” interchangeably, but sexual abuse is typically a form of battery, as it is offensive and harmful contact that the victim does not consent to. A person can be held liable for assault in a lawsuit if they made the victim apprehensive of immediate abuse occurring. These definitions would cover most types of sexual abuse victims suffer, including groping, molesting, indecent exposure, and sexual assault.

Child Abuse Victims

The statute of limitations is a bit more complicated for victims of childhood sexual abuse. Children do not have the legal ability to file lawsuits, so the statute of limitations is “tolled” until they turn 18. Once they reach 18, victims have 18 additional years to file a lawsuit against the perpetrator, according to § 55-2-15(a). This means they will have until the age of 36 to file, regardless of when the abuse happened during childhood.

However, some victims do not remember the abuse until much later, like when discussing their childhood during therapy and it comes back to them. Fortunately, West Virginia’s statute of limitations has a “discovery” rule that allows adults to file within four years of discovering the childhood abuse. If the four-year statute of limitations is longer than the time given by the 18-year lookback window, the longer deadline will be applied. In any case, though, § 55-2-15(b) places a hard deadline of 20 years to file a claim.

One significant advantage West Virginia’s sexual abuse laws have over some other states is that they provide child victims a cause of action to file a lawsuit against individuals and organizations that contributed to the sexual abuse, including aiding, abetting, or concealing the abuse. For instance, if a school covered up a teacher’s sexual abuse of a student to avoid liability and bad press, they can likely be named as a defendant. Our team can help determine if an organization violated its duty to stop or report the abuse.

Potential Reforms to West Virginia’s Statute of Limitations

While other states have harsher deadlines, West Virginia still has a way to go before its statute of limitations is as fair as those of states that have eliminated time limits completely. Fortunately, there have been a few efforts in the right direction.

Senate Bill 308 was introduced in January 2024, which, if passed, would eliminate the civil statute of limitations for childhood sexual abuse, allowing victims to file any time after turning 18. The proposed law would also remove the limitations on lawsuits against bankruptcy estates, such as the Boy Scouts of America, which have been at the center of numerous abuse scandals in the state. As of this writing in October 2024, no action has been taken on the bill, but that could change soon.

House Bill 4273 was also introduced in January, but it too has stalled. It would amend several laws, including the Computer Crime and Abuse Act, to add a civil cause of action for violations like possessing child sexual abuse material, such as photos and videos. The amended statute of limitations in these cases would be the earlier of five years after the last offense or two years after discovering the abuse.

Reach Out to Our Sexual Abuse Attorneys in West Virginia Today for Help

Call The Law Office of Andrew Shubin at (814) 826-3586 for a free case analysis of your case with our lawyers for victims of sexual abuse in West Virginia.