Survivors of sexual abuse often face an incredibly difficult journey toward justice. For many, the decision to come forward can take years, sometimes decades. Unfortunately, legal deadlines known as statutes of limitations can pose a significant barrier to filing civil lawsuits in Virginia. Understanding how these time limits work is essential for survivors and their advocates.
What Is a Civil Statute of Limitations?
The statute of limitations is the legal deadline by which a civil lawsuit must be filed. In cases of sexual abuse, it determines how long a survivor has to bring a claim against an abuser or, in some instances, against an institution that may have enabled the abuse.
The rationale behind these time limits is to ensure that claims are filed while evidence is still fresh. However, critics have long argued that such deadlines often ignore the psychological trauma and fear that prevent survivors from coming forward sooner.
Virginia’s Statute of Limitations for Sexual Abuse Cases
In recent years, Virginia has reformed its laws to provide more time for survivors to file civil claims. Under current law:
- For adults who experienced abuse as children, Virginia Code § 8.01-243(D) permits civil lawsuits to be filed until the survivor’s 38th birthday, which is 20 years after they reach the age of majority (18).
- When the survivor was an adult at the time of the abuse, the statute of limitations typically allows two years from the incident date to file a claim.
However, there are important exceptions and nuances to these rules, including the possibility of tolling (pausing) the statute under certain circumstances.
Key Reforms and Tolling of the Statute
Historically, adult survivors of sexual abuse in Virginia were subject to a strict two-year statute of limitations. However, a key reform effective July 1, 2020, brought significant changes.
For instance, under Virginia Code § 8.01-243(D2), adult survivors who were sexually abused on or after July 1, 2020, by someone in a position of authority or trust—such as a clergy member, teacher, coach, or employer—now have up to 15 years from the date of the last act to file a civil claim.
This reflects growing recognition of the dynamics of abuse involving power imbalances, coercion, and delayed trauma processing, all of which can prevent victims from coming forward promptly.
Additionally, survivors may still benefit from traditional tolling principles, such as:
- Mental incapacity: If a survivor was mentally incapacitated and unable to manage their affairs at the time of the abuse, the statute may be paused until they regain legal capacity.
- Fraudulent concealment: If the abuser (or an institution) concealed the abuse or identity of the perpetrator, the statute may be tolled until the survivor discovers or reasonably should have discovered the abuse or connection to the harm.
- Continuing violations: In cases involving repeated abuse, the statute may run from the date of the most recent act, especially when the survivor remained under the control of the abuser.
Why Timing Still Matters
Although Virginia has expanded the statute of limitations, many survivors remain unaware of their rights or fear that too much time has passed. In reality, legal options may still be available, especially if the abuse was concealed or if the survivor was incapacitated.
The sooner legal counsel is consulted, the more options may be available. Evidence, witness testimony, and institutional records can also become more difficult to obtain over time.
Contact Our Legal Team Today To Explore Your Options
At Hollingsworth PLLC, we understand the trauma and complexity surrounding sexual abuse cases. Our attorneys are dedicated to providing compassionate, confidential, and strategic representation for survivors seeking justice through the civil court system. We take the time to understand each client’s story and guide them through every step of the legal process.
If you or someone you love is considering a civil claim for sexual abuse in Virginia, contact us today for a private consultation. We’re here to help you seek justice on your terms.