West Virginia Sexual Assault Attorney Guide

10 sections 7 min read

West Virginia’s civil statute treats the abuser and the institution differently. A survivor abused as a child can sue the perpetrator within 18 years after reaching majority or within four years after discovery, whichever is longer; a claim against a person or entity that “aided, abetted, or concealed” the abuse has the 18-year period but no discovery alternative. A 2020 amendment applied those periods to older claims even where the earlier deadline had passed. A person injured as an adult has the general two-year period for personal injuries. This guide covers those rules, the criminal position, questions for a lawyer, and five firms that represent survivors in West Virginia.

Anyone in danger should dial 911. The West Virginia Foundation for Rape Information and Services office is 304-366-9500, and the National Sexual Assault Hotline is 1-800-656-4673.

The West Virginia Code text below is quoted from CHILD USA’s October 2026 review of the official code, except § 55-2-12, which is from FindLaw’s text dated January 1, 2024. It is a general explanation and does not evaluate any one claim.

Against the Perpetrator: Age 36 or Four Years From Discovery

W. Va. Code § 55-2-15(a), first sentence: “A personal action for damages resulting from sexual assault or sexual abuse of a person who was an infant at the time of the act or acts alleged, shall be brought against the perpetrator of the sexual assault or sexual abuse, within 18 years after reaching the age of majority, or within four years after discovery of the sexual assault or sexual abuse, whichever is longer.”

Eighteen years after majority is the 36th birthday. The discovery branch runs four years from “discovery of the sexual assault or sexual abuse” and has no outer age limit, so a survivor past 36 may still be within time against the abuser.

Against an Institution That Aided, Abetted, or Concealed: Age 36, No Discovery Branch

The second sentence of § 55-2-15(a) reads: “A personal action for damages resulting from sexual assault or sexual abuse of a person who was an infant at the time of the act or acts alleged shall be brought against a person or entity which aided, abetted, or concealed the sexual assault or sexual abuse within 18 years after reaching the age of majority.”

The four-years-from-discovery alternative does not appear in that sentence. A survivor who discovers the abuse or its effects after 36 may still have four years against the abuser, but the claim against an organization that concealed it is governed by the 36th-birthday limit.

The sentence also reaches only a person or entity that “aided, abetted, or concealed” the abuse. CHILD USA notes that this is the language of complicity rather than ordinary negligent hiring or supervision, and that a negligence claim against an institution may instead fall under the general rule in § 55-2-15(b), which allows the like number of years after a minor comes of age “except that it shall in no case be brought after 20 years from the time when the right accrues.” CHILD USA reports no West Virginia decision on that point, so it is a question to raise with a lawyer at the start.

The 2020 Amendment Reaches Older Claims

Section 55-2-15(c), added in 2020, states: “The amendments to this section enacted during the 2020 Regular Session of the Legislature are intended to extend the statute of limitations for all actions whether or not an earlier established period of limitation has expired.”

This is not a window with a closing date. It applies the periods in subsection (a) to claims that had expired under the old law. A revived claim still has to fit within those periods: 18 years after majority, or four years from discovery against the perpetrator. CHILD USA found no West Virginia appellate decision on the constitutionality of subsection (c).

Adult Claims Outside § 55-2-15

Section 55-2-15 addresses abuse of “a person who was an infant at the time.” For an adult, § 55-2-12(b) provides that a personal action “for which no limitation is otherwise prescribed” must be brought “within two years next after the right to bring the same shall have accrued if it be for damages for personal injuries.” The text quoted here is the FindLaw version dated January 1, 2024; a lawyer can confirm when the claim accrued, whether any tolling rule applies, and whether the one-year rule in § 55-2-12(c) reaches any part of the claim.

The Criminal Position

CHILD USA reports that West Virginia has no limitation period for felonies. W. Va. Code § 61-11-9 sets only two periods, three years for perjury and one year for misdemeanors, and the childhood sexual offenses CHILD USA examined are felonies, including sexual abuse in the third degree under § 61-8B-9. The rule for felonies rests on the absence of a statute and on State v. King, 140 W. Va. 362 (1954). The civil periods do not depend on any prosecution.

Building a West Virginia Claim

The survivor’s date of birth, the dates of the abuse, the date the abuse or its effects were discovered, and the role each organization played will decide which sentence of § 55-2-15 applies. With those facts, a lawyer can address:

  1. What are the 36th-birthday date and the four-year discovery date against the perpetrator?
  2. Did any organization aid, abet, or conceal the abuse, bringing it within the second sentence of § 55-2-15(a)?
  3. If the claim against an organization is ordinary negligence, does § 55-2-15(b) govern instead?
  4. Does subsection (c) revive a claim that expired under the pre-2020 law?
  5. Is any defendant a public school, juvenile facility, or state agency, and what additional rules apply?
  6. Does the firm represent any likely defendant or insurer, and what will fees and costs be?

Attorney Firms

(1) Jividen Law Offices, PLLC

West Virginia-based civil litigation firm handling sexual assault survivor claims. Handles claims against institutions including the Diocese of Wheeling-Charleston and West Virginia youth facilities. Free confidential consultation, contingency fee.

(2) Bailey & Glasser LLP

West Virginia plaintiff firm with national reach and major institutional abuse litigation practice. Active in institutional claims against private schools, religious organizations, and public facilities in West Virginia. Free confidential consultation, contingency fee.

(3) Sokolove Law

National sexual abuse firm tracking West Virginia’s Miracle Meadows settlement and ongoing claims against similar residential facilities. 45+ years experience. Free confidential consultation, contingency fee.

(4) Herman Law

Nationally recognized firm. Active against the Diocese of Wheeling-Charleston and West Virginia institutional defendants. Free confidential consultation, contingency fee.

(5) Levy Konigsberg LLP

Nationally recognized institutional abuse firm, $3B+ recovered. Active against West Virginia Catholic Church, residential facilities, and juvenile detention centers. Free confidential consultation, contingency fee.

Frequently Asked Questions

I am 40 and recently discovered the link between my childhood abuse and my injuries. Can I sue?

Against the abuser, possibly: § 55-2-15(a) allows four years after discovery when that is longer than the 18-years-after-majority period. Against an institution that aided, abetted, or concealed the abuse, the statute gives only the 18-years-after-majority period, which closed at 36.

My claim expired under the old law. Did the 2020 change help?

Section 55-2-15(c) extends the new periods to all actions “whether or not an earlier established period of limitation has expired,” so a claim within the new periods can proceed even if it had expired under the old ones.

Can the abuser still be prosecuted?

CHILD USA reports no felony limitation period in West Virginia, and the childhood sexual offenses it examined are felonies.

Do I need a criminal conviction to sue?

No. Section 55-2-15 sets civil periods without reference to any prosecution.

Support and Reporting Lines

  • Emergency: 911
  • West Virginia Foundation for Rape Information and Services (office): 304-366-9500
  • West Virginia Coalition Against Domestic Violence (office): 304-965-3552
  • National Sexual Assault Hotline: 1-800-656-4673

Sources