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Article: Remedies for Victims of Sexual Abuse Article: Connecticut version of Remedies article Legal Resources for Victims of Sexual Abuse
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Civil Statute of Limitations
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Virginia |
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Virginia's general statute of limitation for injuries to the person is 2 years after the cause of action "accrues," usually meaning the time of the injury. Virginia Code § 8.01-243 (2003).
If the person injured is a minor at the time of the injury, the two-year time period will begin to run once that person comes of age. If there has been a disability or incompetence, the injured person has two years from the time of the removal of the disability. Virginia Code § 8.01-229 (2003) Special Accrual Rule for Victims of Sexual Abuse. Claims usually "accrue" (when the statute of limitations begins to run), at the time an injury is inflicted. Virginia Code § 8.01-249 (2003) provides that in cases of sexual abuse, if the fact of the injury and its causal connection to the sexual abuse is not then known, the claim will not accrue until the and the two year time limitation period will start to run when 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. Suspension of Statute of Limitations During Prosecution. Section 8.01-229, subsection K (2003) suspends the statute of limitations if a criminal prosecution from the same facts is brought. If a prosecution is brought, the time period when the prosecution is pending (as defined by the statute) will not be included as part of the time period within which the civil action may be brought. No action may be brought, however, more than ten years after the date of the crime or two years after the cause of action shall have accrued under § 8.01-249, whichever date occurs last. Resources:
Questions May Be Directed To:
Revised November 02, 2006; Copyright Susan K. Smith 1996-2002 |
