People who have survived sexual abuse in Virginia have the right to take legal action against the person who harmed them. To do that, it’s important to know the time limits for filing a sexual abuse lawsuit in Virginia. If you don’t file in time, you could lose your chance to hold the abuser accountable.
In Virginia, the deadline to file a sexual assault lawsuit is different for children and adults. A child who was abused gets 20 years after turning 18 to take legal action. An adult survivor usually has only two years to file a lawsuit against the person who assaulted them. In some cases, the deadline to file a lawsuit can be paused. But you should not count on these exceptions helping your case. If an exception doesn’t apply, you could lose your ability to file a lawsuit.
Our lawyers stand with survivors and help them pursue justice. If you need to file a lawsuit on time in Virginia, we’re here to guide you. Call the Virginia sexual abuse attorneys at Hollingsworth Law to talk about your case.
Filing Deadline for Minor Sexual Abuse Victims in Virginia
Virginia gives children who were sexually abused more time to sue than adults. But the rules can be confusing. It’s important to understand the time limits for minors so survivors know when they can file a lawsuit against the person who abused them.
Under Virginia law, people who were sexually abused as children have 20 years to file a lawsuit. This 20-year period starts on their 18th birthday, which is when they legally become an adult.
Virginia’s 20-year deadline for child sexual abuse cases also applies to people who are legally incapacitated. This means that survivors with certain mental disabilities also have 20 years to file a lawsuit against their abuser.
Filing Deadline for Adult Sexual Abuse Victims in Virginia
Similar to most other states, Virginia does not have a special filing deadline for adult victims of sexual abuse. In other words, adult sexual abuse victims are allotted the same filing time as any other aggrieved individual bringing a personal injury lawsuit. Virginia law states that victims must file their lawsuit no later than two years after the injury unless otherwise stipulated. The law does not offer any special rules for cases involving the sexual assault of an adult. This means, in Virginia, victims over the age of majority have only two years to sue their abuser.
Although it may sound like a lot, this is not a great deal of time. Adult survivors should talk to a lawyer as soon as possible. The Virginia sexual abuse attorneys at Hollingsworth Law can help you file your lawsuit before the deadline. If you wait too long, you could lose your chance to sue the person who abused you.
Exceptions to Virginia’s Sexual Abuse Filing Deadline
There are a few situations where the normal deadline for filing a sexual abuse lawsuit in Virginia can be different. These exceptions may help some survivors move forward with a case even if the usual time limit has already passed.
Virginia law allows the deadline to be delayed in some situations. For example, if a survivor is incapacitated and cannot understand the abuse, the clock does not start right away. Under Va. Code Ann. § 8.01-249(6), the 20-year time limit begins only after the person’s incapacity or disability is no longer present.
This is why the 20-year deadline for minors in Virginia does not start until they become adults. Under subsection (A)(2)(a), the clock is paused until the survivor turns 18. Once they reach 18, the 20-year time limit begins.
Subsection (A)(2)(b) also says that the deadline can be paused if a sexual abuse survivor becomes incapacitated. This means that if you are not mentally able to file a lawsuit, the countdown stops. Once you are able to take legal action again, or your disability is removed, the clock starts running again under Va. Code Ann. § 8.01-249(6).
It can be hard to know if these exceptions apply to you or someone you care about. Our Virginia sexual abuse attorneys can help you understand your options. In some cases, the clock doesn’t start until a doctor or licensed psychologist explains to the survivor that the abuse happened. Under § 8.01-249(6), if you do not realize you were sexually abused until after age 38, and a doctor or psychologist is the one who helps you understand it, the deadline to file a lawsuit starts on that date. These rules are complicated, so it’s important to talk to a lawyer to find out if they apply to your situation.
How Do I File a Virginia Sexual Abuse Lawsuit?
Survivors need to understand how to file a sexual abuse lawsuit on time in Virginia. Even though there are a few exceptions to the normal deadlines for adults and minors, those exceptions do not apply in every situation. You still need to follow the regular time limits and work with a knowledgeable lawyer to make sure your case is filed before the deadline.
Working with a lawyer can help you file your sexual abuse lawsuit on time in Virginia. Talking about what happened can be very hard, but a caring attorney will help you feel safe and supported. The Virginia sexual abuse attorneys at Hollingsworth Law are compassionate and understanding. Choosing the right lawyer can make it easier to file your case before the deadline.
You should not depend on exceptions to Virginia’s filing deadlines. Even if you think an exception might apply, it may not, and that can be risky. It’s safer to follow the normal deadline, two years for adults and 20 years for minors. No survivor should miss the chance to sue an abuser because they waited too long.
Call Hollingsworth Law Today
When survivors understand Virginia’s filing deadlines, they have a better chance of filing their lawsuit on time and getting the financial compensation they deserve. If you want more information or would like a free case evaluation, fill out our online contact form or call the sexual abuse attorneys at Hollingsworth Law at (703) 401-9970.