Child sexual abuse is a heinous crime that can have long-lasting effects on survivors. In recognition of the trauma experienced by victims, many states have enacted laws to extend the time period in which survivors can seek justice through civil lawsuits. In Virginia, the statute of limitations (SOL) for child sexual abuse has undergone significant changes over the years, aiming to provide survivors with a fair opportunity to seek legal recourse. Sexual abuse attorney Kevin Biniazan stated the following “I want to emphasize the importance of seeking legal counsel if you or someone you know is a survivor of child sexual abuse. Navigating the legal process can be daunting, but with the right attorney by your side, you can receive the support and guidance needed to pursue your claim effectively.”
Civil SOL
Currently, the civil SOL for child sexual abuse in Virginia is age thirty-eight, with a twenty-year discovery rule against all defendants. This means that survivors have until they reach the age of thirty-eight to file a civil lawsuit for damages resulting from child sexual abuse. However, the discovery rule allows for an additional twenty years from the time the survivor becomes aware of the injury and its connection to the abuse.
Let’s delve into the history of the civil SOL in Virginia to better understand how it has evolved over time. Prior to 2002, the age cap for filing a civil lawsuit was twenty, which included two years beyond the age of majority (eighteen). In 2011, this age cap was extended to thirty-eight, providing survivors with a more substantial timeframe to come forward and seek justice.
The discovery tolling provision in Virginia is a crucial aspect of the civil SOL for child sexual abuse cases. Before 1991, Virginia did not have a common law discovery rule specifically for child sexual abuse. However, in 1991, a statutory two-year discovery rule was introduced. This rule stated that the SOL would begin running from the time the survivor first learned of the injury and its causal connection to the sexual abuse, as communicated by a licensed physician, psychologist, or clinical psychologist. Initially, the discovery tolling was limited to age twenty-eight or ten years after the last act of abuse. However, in 1995, this limitation was removed from the discovery statute. Then, in 2011, the discovery rule was extended to twenty years from the date of discovery, ensuring survivors have a reasonable opportunity to seek justice.
Discovery Rule
It’s important to note that the discovery rule in Virginia applies to claims against all types of defendants, including both natural persons and institutional defendants. However, its retroactivity is limited, reviving claims only against natural persons, such as perpetrators and other individuals involved in the abuse. Institutional defendants, like organizations or institutions, are not subject to the revived claims under the discovery rule.
In addition to the SOL provisions, it’s crucial to understand the limitations and liability considerations in child sexual abuse cases in Virginia. The state can be held liable for child sexual abuse claims if the act was grossly negligent or intentional. However, damages are limited to $100,000 or the limits of any applicable liability policy. Virginia recognizes charitable immunity, meaning charitable organizations are generally immune from liability for negligence arising from acts of their employees or agents. However, this immunity does not apply if due care was not exercised in the selection and retention of the responsible employee. Additionally, charitable immunity only extends to claims by beneficiaries and simple negligence claims, not acts of gross negligence.
While fraudulent concealment has been considered as a tolling theory, it has not yet been adopted in Virginia. However, institutional defendants may be held vicariously liable for the wrongful conduct of their employees under the legal principle of respondeat superior.
Conclusion
Understanding the statute of limitations for child sexual abuse in Virginia is crucial for survivors seeking justice. The current age cap of thirty-eight, along with the twenty-year discovery rule against all defendants, provides survivors with a reasonable opportunity to come forward and pursue civil lawsuits. It’s important to consult with legal professionals experienced in this area to navigate the complexities of child sexual abuse cases and ensure the rights of survivors are protected. By extending the timeframe for legal recourse, Virginia aims to empower survivors and hold perpetrators accountable for their actions.
