Virginia Sexual Assault Attorney Guide

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Virginia gives a survivor of childhood sexual abuse twenty years after the claim accrues, and accrual is the latest of three events: turning 18, being told by a licensed physician or psychologist that an injury was caused by the abuse, or the discovery of corroborating evidence. The practical minimum is age 38, with no fixed maximum. Adult claims that accrued on or after July 1, 2020 have ten years, or fifteen against a person of authority. Felonies have no criminal deadline, but misdemeanor sexual battery of a child does. This guide explains those rules, the questions to raise with a lawyer, and six firms listed for Virginia.

If you are in danger, call 911 now. The Virginia Sexual and Domestic Violence Action Alliance runs a 24/7 statewide hotline at 1-800-838-8238, with text at 804-793-9999.

The Code of Virginia text below is quoted from CHILD USA’s analysis, which reports checking it against the official Code on September 5, 2026. This is general information about Virginia law and does not assess a particular claim.

Childhood Abuse: Twenty Years From Accrual

Va. Code § 8.01-243(D) provides: “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.”

The words “whatever the theory of recovery” mean the period applies to battery, negligence, and other claims arising from the abuse, including claims against organizations.

When the Claim Accrues: The Latest of Three Events

Under § 8.01-249(6), as CHILD USA summarizes it, the cause of action accrues on the latest of:

  1. the removal of the disability of infancy or incapacity (turning 18 for a minor);
  2. the date “the fact of the injury and its causal connection to the sexual abuse is first communicated to the person by a licensed physician, psychologist, or clinical psychologist”; or
  3. the date corroborative evidence is discovered, or with due diligence reasonably should have been discovered. Corroborative evidence is independent evidence supporting an essential allegation, such as physical evidence, witness statements, or a confession.

The second event has a precise trigger. CHILD USA notes that a survivor who makes the connection alone, or hears it from a counselor who is not one of those three professionals, does not start that clock. When and by whom the connection was explained can decide whether a claim is timely.

Adult Survivors: Ten Years, or Fifteen Against a Person of Authority

Since 2020, § 8.01-243(D1) gives ten years for sexual abuse claims not covered by subsection (D), for causes of action accruing on or after July 1, 2020. Under § 8.01-243(D2), sexual abuse of a person 18 or older “by a person of authority over a victim shall be brought within 15 years after the cause of action accrues,” and “person of authority” means “a person in a position of trust having influence over the victim’s life.”

For other personal injury claims, § 8.01-243(A) sets two years. An adult assault that accrued before July 1, 2020 may fall under that older rule, which makes the date of the assault the first fact to confirm.

Accrual Instead of Revival

CHILD USA reports that neither § 8.01-243 nor § 8.01-249 contains a revival provision. It also observes that the accrual rule can mean a claim from decades ago never accrued, and so was never barred, if no clinician communicated the connection and no corroborating evidence was found.

Criminal Deadlines Under § 19.2-8

Prosecution is the state’s decision. CHILD USA reports that § 19.2-8 sets no general limitation period for felonies, so rape, object sexual penetration, aggravated sexual battery, and carnal knowledge of a child may be prosecuted at any time.

Misdemeanors are limited. Section 19.2-8 provides that a prosecution of listed misdemeanors, including sexual battery under § 18.2-67.4 and sexual abuse of a child aged 13 or 14 under § 18.2-67.4:2, “where the victim is a minor at the time of the offense shall be commenced no later than one year after the victim reaches majority, unless the alleged offender of such offense was an adult and more than three years older than the victim at the time of the offense, in which instance such prosecution shall be commenced no later than five years after the victim reaches majority.” A civil claim does not depend on any prosecution.

What to Settle With a Virginia Lawyer

For a childhood claim, the accrual date is the deadline’s starting point, so gather the survivor’s date of birth, any record of when a physician or psychologist first linked an injury to the abuse, and any corroborating evidence and when it surfaced. Then put these questions to the lawyer:

  1. Which of the three accrual events in § 8.01-249(6) occurred last, and when do the twenty years end?
  2. Was the injury’s connection to the abuse communicated by a licensed physician, psychologist, or clinical psychologist, and is there a record of it?
  3. For an adult assault, did the claim accrue on or after July 1, 2020, and was the abuser a person of authority?
  4. Is any defendant a public school, university, or government body with notice requirements?
  5. Does the firm represent the Diocese of Arlington, the Diocese of Richmond, or an insurer that may be a defendant?

Attorney Firms

(1) Cowan & Owen, PC

Virginia-based civil litigation firm with dedicated sexual abuse survivor practice. Handles claims against institutional defendants including Catholic Church and schools throughout Virginia. Free confidential consultation, contingency fee.

(2) Blankenship Law Firm

Virginia plaintiff firm handling sexual abuse and assault claims statewide. Handles individual perpetrator and institutional liability cases. Free consultation, contingency fee.

(3) The Law Offices of John T. Orcutt (personal injury focus)

  • Location: Alexandria and Northern Virginia region
  • Website: https://Serves Northern Virginia/DC metro survivors

Northern Virginia-focused firm handling sexual abuse civil claims in the Northern Virginia/DC metro area, including institutional claims.

(4) Herman Law

Nationally recognized survivor-focused firm. Active against Virginia Catholic dioceses and other institutional defendants. Tracks Virginia’s age-38 civil deadline. Free confidential consultation, contingency fee.

(5) Levy Konigsberg LLP

Nationally recognized institutional abuse firm, $3B+ recovered. Active against Virginia Catholic dioceses and institutional defendants. Free confidential consultation, contingency fee.

(6) TFNL Group

National team including former Title IX specialist from U.S. Department of Education. Handles Virginia institutional claims including Title IX violations at Virginia universities. Free confidential consultation, contingency fee.

Frequently Asked Questions

I was abused as a child and I am 45. Is age 38 the end for me in Virginia?

Not necessarily. Twenty years run from the latest accrual event in § 8.01-249(6). If a licensed physician or psychologist first told you of the connection to an injury at 40, or corroborating evidence surfaced later, the twenty years may run from then.

Does it count if my counselor made the connection?

The statute names a “licensed physician, psychologist, or clinical psychologist.” A counselor outside those three does not trigger that event, though corroborating evidence is a separate route.

I was assaulted by my employer as an adult in 2022. How long do I have?

For a cause of action accruing on or after July 1, 2020, § 8.01-243(D1) gives ten years, and § 8.01-243(D2) gives fifteen if the abuser was a person of authority over you.

Can sexual battery of a child be prosecuted when I am an adult?

Only within the limits of § 19.2-8: one year after the victim reaches majority, or five years if the offender was an adult more than three years older.

Support and Reporting Lines

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