Virginia Sex Abuse Lawsuits

If you were the victim of sexual abuse or assault, either as a child or an adult, you have the right to bring a civil lawsuit against both your abuser and any school, company, or organization that might be liable for the abuse.

In this post, we will provide a brief overview of sexual abuse lawsuits in Virginia. We will look at the Virginia statute of limitations for sex abuse civil cases and the potential settlement value of these cases. We will also discuss how a new proposed law in Virginia could make it much easier for child sex abuse victims to bring lawsuits. If you have a Virginia sex abuse case, contact us today for a free consultation at 800-553-8082.

Virginia Sex Abuse Lawsuit Updates

Before we get into the substance of bringing a sex abuse lawsuit in Virginia and the settlement amounts victims may see, let’s look at the latest news and updates in sex abuse litigation in Virginia:

May 23, 2024 – New Sexual Assault Lawsuit Opinion

The Virginia federal court judge has allowed a former University of Virginia student’s lawsuit alleging violations of Title IX to proceed. The case, brought by plaintiff Jane Doe, accuses the university of failing to properly investigate her complaints of sexual abuse by a professor.

Jane Doe, a former student at UVA, alleges that she was subjected to repeated sexual abuse by her professor starting in December 2018. She says the abuse began during a study abroad program and continued for nearly two years. The allegations include instances of non-consensual sexual contact and a failure by the university to take appropriate action despite being aware of Roe’s behavior.

Doe claims that several university officials, including professors and the Dean of Students, were aware of Roe’s misconduct but did not report it to the Title IX office as required by law. She asserts that the university’s inadequate response and delayed investigation exacerbated her trauma and mental health issues, leading to post-traumatic stress disorder (PTSD) and ongoing episodes of suicidal ideation.

The Virginia Supreme Court ruled that the majority of Doe’s claims could proceed, rejecting the university’s motion to dismiss. The court found that Doe’s allegations, if proven true, could demonstrate that UVA officials acted with deliberate indifference to her reports of sexual abuse. This includes the failure to provide protective measures and the prolonged duration of the investigation, which took nearly 500 days.

The court emphasized that the statute of limitations for Doe’s claims related to the initial failure to report the abuse began when she became aware of the university’s inaction. Doe filed her lawsuit within this period, making her claims timely.

May 1, 2024 – Roanoke Sex Abuse Lawsuit Settles

Five former Northside High School students have settled a lawsuit claiming they were sexually abused by the school’s soccer coach and technology specialist, Lorstan Allen.

The lawsuit, which sought $75 million in damages, alleged that Allen, who was fired in late 2021, sexually harassed and abused the students under the guise of providing technical assistance. Complaints to school officials about Allen’s conduct, which included closed-door meetings, were reportedly met with inadequate responses, such as, if you can imagine, installing a half-door in Allen’s office with instructions to keep it open— a policy that was largely ignored.

February 6, 2024 – Revenge Porn Bill Advances in Va. Legislature

A bill advanced in the Virginia House of Delegates this week aims to broaden the state’s revenge porn law by encompassing a new category of “sexual” images that would be deemed unlawful to distribute.

Certainly, Virginians are well aware of this issue after videos livestreamed by Democratic House candidate Susanna Gibson and her husband were brought to the media’s attention.

Under the current statute, images depicting a person fully nude or in a state of undress with their genitals, pubic area, buttocks, or breasts exposed are covered. Shin’s bill seeks to broaden this law to include images “sexual in nature” even if those body parts are not exposed. However, it does not specify the definition of “sexual in nature.” Furthermore, the proposed measure would extend the statute of limitations for prosecution to 10 years from the date the victim becomes aware of the offense, compared to the current five years from the date of the offense.

February 1, 2024 – Sex Abuse Lawsuit to Continue

A federal judge has denied the Fairfax County School Board’s request to dismiss a lawsuit alleging it ignored a middle school student’s claims of sexual abuse and harassment.

The plaintiff, now 24, alleges she was repeatedly assaulted by classmates in 2011 and 2012, including being gang-raped in a utility closet. She claims school officials failed to investigate her complaints. The lawsuit, which began in 2019, stems from a 2014 settlement with the U.S. Department of Education’s Office of Civil Rights over the district’s handling of her initial complaints.

November 24, 2024 –Sheriff Employee Convicted of Sex Abuse

Former Franklin County Sheriff’s Office employee Justin Dale Sigmon was convicted of abusive sexual contact with a minor last week. The FBI brought the charges against the 47-year-old Sigmon following an incident involving a young girl on a cruise ship in May.

August 15, 2023 – Court Rules Sex Abuse Claims are Time-Barred

Yesterday, a court in Richmond decided E.E. v. Cumberland Hosp., LLC, a sex abuse lawsuit involves multiple plaintiffs alleging sexual abuse and other misconduct by the defendants at Cumberland Hospital for Children and Adolescents. The defendants sought to dismiss the claims based on statute of limitations grounds. The court ruled that the Virginia Medical Malpractice Act did not apply to sexual abuse claims, allowing a 20-year statute of limitations to apply instead of the usual two-year limit for medical malpractice claims. Additionally, the court found that claims related to false imprisonment and violations of the Virginia Consumer Protection Act were timely filed within two years of the plaintiffs discovering the misrepresentations. However, the court ruled that two plaintiffs’ claims were time-barred due to reaching the age of majority before the effective date of the relevant statutes.

The legal action was initiated in October 2020 with 20 plaintiffs, later amended to include approximately two dozen additional individuals. These former patients of the facility in New Kent County assert various allegations, encompassing instances of sexual or physical abuse, claims of negligence, and accusations of falsifying medical records and diagnoses to extend their periods of stay.

July 1, 2023 – New Law on Adult Sex Abuse Claims Takes Effect

Virginia’s new law expanding the statute of limitations for certain sex abuse lawsuits involving adult victims goes into effect today. Va. House Bill 1647 (which amends Virginia Code § 8.01-243) takes effect today. Under this new law, adult sex abuse victims now have 15 years to file a lawsuit if the abuse was committed by a person of “authority” (e.g., a boss, police officer, etc.).

Definition of Sexual Abuse in Virginia

The legal definition of sexual abuse or sexual assault in Virginia is pretty much the same as it is in every other state. Virginia defines sexual abuse is as any intentional “sexual touching” without consent. There are 2 key parts or elements to this definition: (1) sexual touching, and (2) lack of consent.

Sexual touching is basically and type of contact or touching of another person’s sexual organs with intent and for the purpose of sexual gratification. Accidentally touching a woman’s breasts in the elevator does not amount to sexual abuse — but deliberately fondling her breasts does.

The other key element that makes something qualify as sexual abuse is the lack of consent. If the sexual touching is done without consent it is automatically abuse or assault. Minors (anyone under the age of 18) lack the legal capacity to give consent, which means any sexual touching by an adult with a minor is necessarily considered sexual abuse.

Civil Lawsuits for Sex Abuse in Virginia

Under Virginia state law, individuals who have experienced sexual abuse have the option of filing a civil lawsuit and seeking money damages. Virginia allows victims to bring a civil lawsuit regardless of whether they filed criminal charges. You can file a sex abuse lawsuit even if you never told anyone at all about the abuse.

To initiate a civil lawsuit for sexual abuse, victims are only required to be willing to provide sworn testimony regarding the details of the sexual abuse or assault. This testimony can be reinforced by additional evidence, such as medical records demonstrating physical injuries resulting from the assault. Moreover, testimony from other witnesses who can attest to the factual aspects of the case may also be presented.

While sexual abuse lawsuits become part of the public record, Virginia’s civil procedure rules permit victims involved in such cases to safeguard their anonymity in publicly filed court documents. For instance, if a person named Jessica Smith files a sexual abuse lawsuit, she can be referred to as “J.S.” or Jane Doe in the legal pleadings.

Third-Party Liability in Virginia Sex Abuse Lawsuits

The primary defendant in any sexual abuse or assault lawsuit would be the person who committed the sexual abuse. The problem with suing the abuser is that they might already be dead or in jail. Even if they are still alive and not incarcerated, they probably don’t have the money or financial resources to pay for any big verdict or settlement.

The most effective way to get money in a civil sex abuse lawsuit is to sue a third party for negligence in connection with the abuse. Schools, youth organizations, churches, and gyms, are common examples of the type of third party defendant’s that can be held liable in sex abuse case. Third parties have liability if their negligence somehow enabled the abuse to occur or to continue. Third parties in sex abuse lawsuits can also be held liable if they attempt to cover up abuse incidents after the fact.

The following example will help illustrate how third parties can be liable in sexual assault cases. Let’s assume that Jack was a student at a private school in Richmond. In 4th grade, Jack’s teacher, Mr. Doe, sexually abused him over the year. The school had previously received numerous warnings indicating that Mr. Doe may be a sexual predator, including prior allegations of abuse by students and incidents of highly inappropriate behavior. Jack can file a civil lawsuit against the private school for negligently failing to investigate Mr. Doe and prevent him from abusing others like Jack.

Virginia Statute of Limitations in Sex Abuse Lawsuits

Virginia law has separate statute of limitations periods that apply in sex abuse cases depending on whether the sexual abuse occurred when the victim was an adult or a child. If the sexual abuse occurred when the victim was a child (under age 18), then Virginia law gives the victim until their 38^th birthday (20 years after they turn 18) to file a civil lawsuit for that sexual abuse. Va. Stat. § 8.01-243(D)

If the victim was an adult when the sexual abuse occurred, however, they must file a lawsuit within 2 years of the date that the sexual abuse or assault occurred. In March 2023, however, Virginia enacted a new law that gives adult victims of sexual abuse 15 years to file a civil lawsuit IF the abuse was committed by a “person of authority.” The new provision in the statute provides: …

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.

Va. House Bill 1647 (amending and reenacting Virginia Code § 8.01-243). The law took effect on July 1, 2023.

So, the nutshell of that is if you were sexually abused as a child, you have 20 years from the date the cause of action accrues to file your claim. For causes of action accruing on or after July 1, 2020, other actions for injury resulting from sexual abuse must be brought within 10 years from the date the cause of action accrues. If the sexual abuse occurred when you were 18 or older and was committed by a person of authority, you have 15 years from the date the cause of action accrues to file your claim.

Is that easy to follow? No. If you have any question about the statute of limitations in your case, call a sex abuse lawyer who understands this law as soon as possible.

Virginia Juvenile Detention Center Sex Abuse Lawsuits

Recent investigations and reports have revealed that sexual abuse of juveniles in Virginia’s juvenile detention centers is a rampant problem. Staff members at Virginia juvenile detention facilities frequently sexually abuse vulnerable inmates through force and coercion. It has also become clear that the Virginia Department of Juvenile Justice (“VDJJ”) has turned a bling eye to this situation and negligently enabled children to be victimized at its facilities.

A growing number of individuals who were sexually abused a Virginia juvenile detention centers are now filing juvenile detention sexual abuse lawsuits against the state and the VDJJ. These lawsuits assert that VDJJ breached its duty to ensure the safety of minors in its custody. Some of the main juvenile detention centers in Virginia that have been involved in sexual abuse lawsuits include:

NOVA Juvenile Detention Center	Norfolk Juvenile Detention Center
Fairfax Juvenile Detention Center	Richmond Juvenile Detention Center
Roanoke Valley Juvenile Center	Daneville Juvenile Detention

Virginia Sex Abuse Settlements & Verdicts

Below are example sex abuse settlement amounts and jury payouts. These case do not tell you the settlement payout you should expect for your claim. But they do give you a better understand of the range of compensation sex abuse victims in Virginia receive.

$828,000 Verdict: A two-year-old female suffered emotional distress after being sexually abused at her babysitter’s home. The plaintiff contended the babysitter’s sons, age 13 and 11, admitted raping, sodomizing and choking the girl in their home over a three-month period. The defendant babysitter referral service claimed that it had investigated a prior complaint of the boys molesting another girl but found the complaint without merit. The defendant referral company claimed it could have done nothing to prevent the attacks.
$6,850,000 Verdict: The plaintiff said she was sexually molested by, assaulted, battered and raped by her father since the age of four. The woman claimed the abuse lasted until she was 14. According to the woman, her father used his power, control and elevated position, his physical strength, pressure, words, actions, threats of violence and discipline, judgment and drugs to intentionally and habitually sexually molest the woman.
$637,000 Verdict: A 14-year-old female suffered emotional distress when she was sexually molested by the male defendant while she was babysitting for his children. The plaintiff contended that the defendant held her against her will, forced her to engage in indecent acts and that she did nothing to provoke or encourage the defendant’s actions.
$250,000 Verdict: The plaintiff, an 11-year-old male, suffered emotional distress when the male defendant exposed himself and suggested performing sodomy with the plaintiff.
$85,000 Verdict: A 20-year-old female suffered herpes and emotional distress when she was sexually molested by the male defendant, who was her father, when the plaintiff was 5 years old. The plaintiff contended that the defendant’s actions were malicious with the intent to harm, that he negligently sexually molested her, and that the attack was unprovoked.
$425,000 Settlement: A seven-year-old female suffered emotional distress when she was coerced into engaging in sexual activity with minor boys at the defendant’s apartment complex resident manager’s apartment. The plaintiff contended that the manager had a history of child molestation and that the defendant was negligent for failing to properly check the manager’s background before hiring him.
$660,000 Settlement: Twelve females aged 6 to 9 years were molested by a kindergarten bus driver employed by the defendant county. The incidents occurred from 1979 to 1982, while the girls were kindergarten students at a county elementary school. The plaintiffs contended that the defendant was negligent in selecting, hiring, and retaining the driver. On several occasions, there had been complaints that the plaintiff had fondled children.
$5,013,868 Verdict: A plaintiff suffered sexual abuse while a patient at the defendant nursing home. The plaintiff contended that the defendant negligently hired its employees and breached its contract to provide proper care. The punitive damages award was initially $4.5 million but it was reduced to $350,000 due to a statutory cap.

Contact Us About Virginia Sex Abuse Lawsuits

If you were the victim of sexual abuse and want to file a sex abuse lawsuit in Virginia, contact us today at 800-553-8082 or contact us online.