Only 31% of sexually-based assaults are reported to law enforcement, and of those, most are not reported immediately. Although Virginia does not impose a deadline for filing police reports for sexual assault, state laws do set filing deadlines for both the criminal and civil prosecution of sexual abuse cases.
The statutes of limitations do, however, set strict filing deadlines for bringing a lawsuit after sexual assault. The exact timeline depends on numerous factors, such as the victim’s age at the time, the nature of the assault, and whether the case is being pursued in criminal or civil court.
If you were the victim of sexual assault or abuse, either as an adult or a child, you are entitled to file a civil lawsuit against both your abuser and any organization, company, or school liable for the abuse.
How Does Virginia Define Sexual Abuse?
Virginia’s definition of sexual assault or sexual abuse is basically the same as that of every other state. Virginia defines sexual abuse as any deliberate “sexual touching” without proper consent. This definition is built around two essential elements: (1) sexual contact, and (2) the absence of consent.
Sexual touching refers to intentional physical contact with another person’s intimate areas for the purpose of sexual gratification. For example, an accidental bump in a crowded elevator would not qualify as sexual abuse, but a deliberate and unwanted touch would.
The other element that qualifies something as sexual abuse is a lack of consent. When sexual contact takes place without consent, it is considered abuse or assault. Persons under 18 years of age do not have the legal capacity to consent, meaning that any sexual contact between an adult and a minor is categorically viewed as sexual abuse.
Civil Statutes of Limitations for Virginia Sexual Assault Cases
In civil cases, the statute of limitations depends on two main factors: the victim’s age at the time of the assault and when the assault took place. For example:
- 20 years: If the target was a minor or an incapacitated person when the assault took place
- 10 years: If the target was 18 or older and the assault took place on July 1, 2020, or later
- 2 years: If the target was 18 or older and the assault occurred before July 1, 2020
Criminal Statutes of Limitations for Virginia Sexual Assault Cases
The statutes of limitations for a criminal case will consider whether the attack is classified as a felony or a misdemeanor, and the age of the victim when the assault occurred:
- Felony sexual assault charges, such as rape, have no statute of limitations and may be charged at any time
- Crimes involving minor victims, such as carnal knowledge, generally must be prosecuted by the victim reaches their 19th or 21st birthday, based on the circumstances surrounding the attack
- Misdemeanor sexual assault offenses, like sexual battery, are beholden to a one-year statute of limitations that begins on the day the incident occurred
People move, evidence is destroyed or disappears, and memories fade, which means time is a crucial variable in these cases. If you have been the victim of sexual abuse or assault, don’t wait to take action.
While statutes of limitations set firm deadlines for bringing a lawsuit, contacting a Virginia sexual abuse lawyer right away gives your attorney more time to gather evidence, talk to eyewitnesses, and build the strongest case possible for you.
Initiating a Civil Lawsuit for Sexual Abuse in Virginia
According to Virginia law, those who have been sexually abused can choose to file a civil lawsuit seeking financial compensation. Virginia permits victims to bring a civil lawsuit regardless of whether or not they ever brought criminal charges. Victims may file a sexual abuse lawsuit even if they never mentioned the abuse to anyone until now.
To initiate a civil lawsuit for sexual abuse, the victim must be willing to give sworn testimony about what happened. This testimony can be supported with evidence, including medical records that reveal physical injuries or documentation of medical treatment following the assault. Statements from eyewitnesses who can confirm relevant circumstances or facts can also be used to strengthen the case.
Although sexual abuse lawsuits become part of the public record, Virginia law allows victims to protect their identities in civil filings. Under the state’s civil procedure rules, plaintiffs can request to proceed anonymously. For example, instead of using a full name like “Mary Morstan,” the individual may appear in court documents as “M.M.” or even “Jane Doe.”
Talk to a Virginia Sexual Abuse Lawyer
The laws that govern sexual abuse claims are complicated, and every case presents its unique set of challenges. The statutes of limitations for sexual abuse lawsuits can be confusing. If you’re trying to understand the Virginia statute of limitations for sexual assault or determine whether you still have time to take legal action, it’s important to speak with a Virginia sexual abuse lawyer as soon as possible.
If you are a survivor of adult sexual assault or childhood sexual abuse and are uncertain about the legal options available to you, please reach out to the team at Hollingsworth Law. One of our skilled attorneys will review your case, explain any applicable deadlines, and help you take legal action before it is too late. Call us at (703) 401-9970 or fill out the contact form on our website to schedule your confidential legal consultation today.