Representing Victims of Sexual Assault in Virginia

King, Campbell, Poretz, and Mitchell represents survivors of sexual abuse who are considering civil claims against the offender. Each survivor’s experience and timeline is unique. Although Virginia has no statute of limitations for felony criminal sexual assault charges, civil claims are subject to statute of limitation deadlines. Those deadlines may depend on when the assault or abuse occurred, the survivor’s age, when the harm was recognized, who may be legally responsible, and whether any tolling or accrual rule applies. Speaking with counsel early can help preserve legal options, but the choice of whether and when to act remains with the survivor.

Civil Claims Are Different from Criminal Charges

A civil claim is brought by the survivor against the person and/or organization alleged to be legally responsible. The purpose is not necessarily to prove a criminal charge; it is to seek accountability and compensation for the harm caused. Compensation may include medical expenses, counseling costs, lost income, pain and suffering, trauma-related impacts, and other damages. A criminal case, by contrast, is brought by the Commonwealth and may result in prosecution or punishment. A survivor may still have civil options even if no criminal charge is filed, if a criminal case is pending, or even if the criminal case has ended to the dissatisfaction of the victim.

Potential Civil Claims

A civil case may include claims directly against the person who caused the harm and, in some cases, claims against an institution or third party. Examples may include assault, intentional infliction of emotional distress, negligence, negligent hiring or supervision, failure to protect, premises liability, or other theories based on the relationship between the parties and the circumstances of the abuse.

Institutional cases can involve schools, youth organizations, religious organizations, employers, healthcare settings, residential facilities, or other entities that may have had a duty to protect the survivor. These claims are highly fact-specific. A trauma-informed legal review should focus not only on what happened, but also on whether warning signs were missed, reports were ignored, or whether supervision was inadequate.

Virginia Statute of Limitations: General Rule

Virginia Code § 8.01-243(A) generally requires personal injury actions to be filed within two years after the cause of action accrues, unless another statute or subsection provides a different deadline. Sexual assault and sexual abuse claims fall under different deadlines and survivors should not assume that they have waited too long and should not rely on the general two-year rule without individualized review, especially for adults that were victimized after July 1, 2020.

Special Deadlines for Sexual Abuse Claims

The Virginia General Assembly broadened the statute of limitations for survivors of sexual abuse with amendments to the statute of limitations in 2020[1] and 2023.[2] As of July 1, 2026, the relevant provisions applicable to sexual abuse claims are:

§ 8.01-243(D). Every action for injury to the person, whatever the theory of recovery, resulting from sexual abuse occurring during the infancy or incapacity of the person as set forth in subdivision 6 of § 8.01-249 shall be brought within 20 years after the cause of action accrues.

§ 8.01-243(D)(1). For a cause of action accruing on or after July 1, 2020, every action for injury to the person, whatever the theory of recovery, resulting from sexual abuse, other than those actions specified in subsection D, shall be brought within 10 years after the cause of action accrues.

§ 8.01-243(D)(2). Notwithstanding the provisions of subsections D and D1, every action for injury to the person, whatever the theory of recovery, resulting from sexual abuse occurring when the person was 18 years old or older by a person of authority over a victim shall be brought within 15 years after the cause of action accrues. For the purposes of this subsection, "person of authority" means a person in a position of trust having influence over the victim's life.

In summary:

• Sexual abuse during infancy or incapacity: If the injury results from sexual abuse that occurred while the person was a minor or incapacitated, the claim must be filed within 20 years after the cause of action accrues.
• Other sexual abuse claims accruing on or after July 1, 2020: For sexual abuse claims not covered by the infancy/incapacity provision, the limitation period is 10 years after accrual.
• Sexual abuse of an adult by a person of authority: Regardless of the 20-year and 10-year provisions, if the sexual abuse occurred when the victim was 18 or older and was committed by a person of authority, the claim must be filed within 15 years after accrual. A “person of authority” is defined as someone in a position of trust who has influence over the victim’s life.

Accrual and Discovery Issues

In many personal injury cases, the filing period begins when the injury occurs. Sexual abuse cases may be different. Virginia Code § 8.01-249 addresses when certain claims are deemed to accrue, including claims for injury resulting from sexual abuse during infancy or incapacity. Under that framework, accrual may be tied to the later of the removal of the disability of infancy or incapacity, when a licensed physician, psychologist, or clinical psychologist first communicates the injury and causal connection to the survivor, or when corroborative evidence is discovered or reasonably should have been discovered.

Because these rules are technical, survivors should not assume that a claim is too old without a legal review. Important facts may include the survivor’s age at the time of the abuse, the date or timeframe of the abuse, when the survivor first understood the connection between the abuse and later harm, whether a healthcare professional communicated that connection, whether corroborating evidence exists, and whether the defendant was a person or institution in a position of trust or authority. A lawyer can help ask these questions in a careful, respectful way and explain the options without requiring the survivor to make an immediate decision.

Supportive Next Steps

• If it feels safe and manageable, write down key dates, locations, names, institutions, and any witnesses or records that may be relevant.
• Preserve communications, photographs, medical records, counseling records, school or employment records, reports, and other documents that may relate to the abuse or its impact.
• Avoid direct contact with the person who caused the harm or with an institution about a potential legal claim unless counsel advises otherwise.
• Consider medical care, counseling, advocacy services, or other support resources that feel appropriate for your needs.
• Speak with an attorney when you are ready, and as promptly as possible, so filing deadlines can be reviewed and time-sensitive evidence can be protected.

How King, Campbell, Poretz, and Mitchell Can Help

A trauma-informed lawyer can help evaluate the applicable statute of limitations, identify responsible parties, preserve evidence, communicate with insurers or institutions, coordinate with any criminal process, protect the survivor’s privacy where possible, and pursue compensation through settlement negotiations or litigation. Just as importantly, counsel can help the survivor understand each available option, what may happen next, and how much control the survivor can retain throughout the process. The right legal approach should be respectful, steady, and centered on the survivor’s safety, dignity, and choices.