A BILL to amend and reenact § 8.01-243 of the Code of Virginia, relating to statute of limitations; sexual abuse of a minor; act by a person of authority.
HB538 would amend Virginia’s general statute of limitations for personal injury actions to create a new limitations period for certain sexual abuse claims involving an adult victim and a “person of authority.” Under the bill, an action for injury resulting from sexual abuse occurring when the victim was 18 or older would have to be filed within 15 years after the cause of action accrues. The bill also defines “person of authority” as a person in a position of trust having influence over the victim’s life.
The bill preserves existing rules for other sexual abuse claims. It keeps the 20-year limitations period for sexual abuse occurring during infancy or incapacity, and the 10-year period for other sexual abuse claims accruing on or after July 1, 2020. It also states that if the abuse during infancy was committed by a person of authority, the action may be brought at any time without limitation. The measure does not alter the existing limitations rules for malpractice, property damage, or other personal injury claims outside this sexual abuse context.
HB538 would directly amend § 8.01-243 of the Code of Virginia, expanding the statute of limitations framework for sexual abuse-related civil actions by adding a distinct rule for adult victims abused by a person of authority. The practical effect would be to give certain survivors more time to file civil lawsuits, while leaving the rest of Virginia’s personal injury limitations scheme largely unchanged. It would affect potential plaintiffs, alleged abusers, institutions or organizations that may be sued for abuse by persons in positions of trust, and courts applying the limitations period.
The available record shows no committee transcript or recorded vote, and the bill was left in the House Committee on Courts of Justice. Based on the bill’s subject matter and structure, the measure appears aimed at expanding access to civil remedies for sexual abuse survivors, particularly where the abuser held a position of trust or authority. The lack of recorded debate makes it difficult to identify formal support or opposition, but the committee disposition suggests the proposal did not advance in this session.
The main point of contention is likely the scope of the new 15-year filing window and the definition of “person of authority,” since both determine which claims qualify for the extended period. Another likely issue is whether the bill should create a separate rule for adult victims at all, given that Virginia already has special limitations periods for sexual abuse claims involving minors and other survivors. Opponents may also be concerned about increased litigation exposure for individuals and institutions, while supporters would emphasize survivor access to justice and the difficulty many victims face in coming forward quickly.