The Statute of Limitations for a Sexual Abuse Lawsuit in Virginia

Survivors of sexual abuse in Virginia deserve the chance to file a lawsuit against an abuser. That’s why knowing and understanding the statute of limitations for a sexual abuse lawsuit in Virginia is crucial. Otherwise, you may lose your right to sue an offender.

In Virginia, child and adult survivors of sexual assault have different time limits to file a lawsuit. Generally, minor survivors have 20 years from the age of majority to sue. Adults have just two years to file a lawsuit against a sexual abuser in Virginia. Some tolling exceptions can pause the statute of limitations. However, it’s best to err on the side of caution and not rely on possible exceptions. If the exceptions do not apply to your case, you may be unable to sue.

Our attorneys support survivors and represent them in their fight for justice. When you need to file a lawsuit on time in Virginia, our team can help. Call the sexual abuse victim attorneys at The Law Office of Andrew Shubin for a free case evaluation today at (814) 826-3586.

What Is the Statute of Limitations for Minor Sexual Abuse Victims to File a Lawsuit in Virginia?

Virginia has a longer statute of limitations for minor victims of sexual abuse to sue an abuser than for adults. There are intricacies within this statute that can be difficult to understand. It’s important to learn the statute of limitations for minors in Virginia so survivors can successfully file a lawsuit against an abuser.

According to Va. Code Ann § 8.01-243(D), survivors of childhood sexual abuse have 20 years to file a lawsuit. The statute of limitations begins counting down on a victim’s 18th birthday, also known as when they reach majority age.

The same 20-year statute of limitations for minor victims of sexual abuse in Virginia also applies to incapacitated persons as well as minors. This means that people with certain mental disabilities also have 20 years to file a lawsuit against an abuser in Virginia.

What Is the Statute of Limitations for Adult Sexual Abuse Victims to File a Lawsuit in Virginia?

Like many other states, there is no special statute of limitations for adult sexual abuse victims to file a lawsuit in Virginia. That means that adult survivors of sexual abuse have the same window of time to file a lawsuit as any other plaintiff bringing a personal injury lawsuit against a defendant.

Va. Code Ann. § 8.01-243(A) dictates that victims must bring a lawsuit within two years of injury unless otherwise specified. Sexual assault of an adult is not further specified within the statute. So, adult victims in Virginia only have two years to sue a sexual abuser.

Two years is not a lot of time. Adult survivors of sexual abuse can benefit from speaking with an attorney right away. The Virginia sexual abuse victim attorneys at The Law Office of Andrew Shubin can help you bring a lawsuit within such a small window. Waiting can cause you to lose your right to sue a sexual abuser in Virginia.

Are There Exceptions to the Statute of Limitations for Sexual Abuse Lawsuits in Virginia?

There are few exceptions to the standard statute of limitations for sexual abuse lawsuits in Virginia. Knowing these exceptions can help survivors get the justice they deserve, even if the normal statute of limitations has lapsed.

According to Va. Code Ann. § 8.01-229(1)(A), the statute of limitations can be delayed in certain circumstances. For example, in instances where incapacitation prevents victims from understanding their abuse, accrual differs. The 20-year statute of limitations is then tolled until incapacity or disability is removed, according to Va. Code Ann. § 8.01-249(6).

That is why the 20-year statute of limitations for minors in Virginia begins once they reach majority age. According to subsection (A)(2)(a) of the same statute, the clock is paused until a victim turns 18. Once a victim turns 18, the clock begins, according to Va. Code Ann. § 8.01-249(6).

Furthermore, subsection (A)(2)(b) suspends the statute of limitations for a period should a sexual abuse victim become incapacitated in Virginia. That means if you are mentally incapable of bringing litigation against an abuser, the clock will effectively pause during that time. Once victims are again capable or their disabilities are removed, the clock resumes, according to Va. Code Ann. § 8.01-249(6).

It can be difficult to know whether these tolling exceptions apply to you or a loved one. The Law Office of Andrew Shubin’s Virginia sexual abuse victim attorneys can help you figure that out. For example, in some instances, accrual begins when a licensed physician or clinical psychologist communicates the reality of abuse to a victim. According to § 8.01-249(6), if you are unaware of sexual abuse past your 38th birthday until a physician or phycologist helps you understand, the statute of limitations begins from that date. These laws are complex, so it’s necessary to speak with an attorney to know if they apply to you.

How Can I File a Sexual Abuse Lawsuit on Time in Virginia?

Survivors must know how to file a sexual abuse lawsuit on time in Virginia. Although there are some exceptions to the general statute of limitations for adult and minor victims of sexual abuse, these exceptions do not apply to every case. You must abide by the general statute of limitations and hire a skilled lawyer, so you file within the right timeframe.

Hiring an attorney can help you file a sexual abuse lawsuit on time in Virginia. It can be difficult to speak about your experience with sexual abuse. A compassionate attorney should make you feel comfortable and safe so that you can bring a lawsuit against an abuser. The Virginia sexual abuse victim attorneys at The Law Office of Andrew Shubin are caring and empathetic. Hiring the right attorney can help you file a sexual abuse lawsuit on time.

Don’t rely on exceptions to the statute of limitations in Virginia. Even if you think tolling exceptions apply to your experience, relying on that possibility can be risky. It’s best to follow either the standard filing deadline for adults (two years) or the standard filing deadline for minors (20 years). No survivor should lose their right to sue an abuser.

Our Attorneys Can Help You File a Sexual Abuse Lawsuit in Virginia

By understanding the statute of limitations in Virginia, sexual abuse victims are more likely to file a lawsuit within the correct timeframe. For more information or to schedule a free case evaluation, call the sexual abuse victim attorneys at The Law Office of Andrew Shubin today at (814) 826-3586.