Virginia Sexual Assault Lawyer
Help for Victims of Sexual Abuse and Child Molestation
The trauma of sexual assault can have life-altering ramifications for survivors of sexual abuse. These acts leave deep scars that may make engaging in routine activities or developing relationships with others challenging. The toll of sexual trauma hurts you physically and emotionally.
If you suffered sexual assault or abuse in Virginia, do not give up hope. Speaking with a sexual assault lawyer who can help you get justice by holding your abuser accountable for the physical, psychological, and emotional pain they inflicted can help lower the barriers to living a fulfilling life.
Pursuing financial restitution from an abuser can be a challenging process for you and your loved ones. Why? Because legal action against the abuser will likely require bringing sensitive and potentially traumatic private information to the surface. This is why it is so important to hire a sexual abuse lawyer in Virginia. They can take proactive steps to help protect your privacy, as much as possible, during the legal proceedings.
If you are a sexual assault victim struggling to pick up the pieces in the aftermath of the abuse, contact an experienced sexual abuse attorney in Virginia to schedule a no-cost, confidential consultation.
What is Considered Sexual Assault Under Virginia Law?
In Virginia, sexual assault is codified as sexual battery under Virginia Code § 18.2-67.10. This statutory provision defines sexual battery as “an act committed with the intent to sexually molest, arouse, or gratify any person, where the accused intentionally touches the complaining witness’ intimate parts or material directly covering such intimate parts.” The array of acts considered sexual abuse or assault are covered under Title 18.2 (Crimes and Offenses Generally), Chapter 4 (Crimes Against the Person), generally in Section 18.2-61 through Section 18.2-67.10 of the Virginia Code.
Generally speaking, sexual assault and abuse include any sexual contact with another individual when that person does not consent.
Regardless of their mental capacity, if someone does not affirmatively consent, the sexual contact can be considered sexual assault under the law. This means sexual assault and abuse can involve adults with disabilities, anyone who is under the influence of drugs or alcohol, and/or someone unconscious. In addition, any sexual contact with a minor, regardless of consent, is considered sexual abuse.
Sexual assault generally includes:
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- Sexual contact with a non-consenting individual
- Threats of a sexual nature
- Rape or attempted rape
- Sexual contact with a minor
- Molestation, fondling, or any other unwanted touching of another individual
- Coercing an individual to pose for sexually graphic pictures
- Persistent sexual harassment
Sexual assault in any of these forms can cause significant emotional trauma, making it essential for you – the survivor – to seek legal advice and support as soon as possible.
Sexual Assault in Virginia
Each year, Virginia authorities receive thousands of reports of sexual assault and sexual abuse cases. Unfortunately, there are likely many more never reported. According to RAINN, a large anti-sexual violence advocacy group, approximately eight of ten sexual assaults are committed by someone the victim knows. This person could be a family member, a coworker, a teacher, a sports coach, or even a close friend’s parent.
Statistics on child sexual abuse are equally frightening. According to RAINN, approximately one in nine girls and one in fifty-three boys under 18 experience sexual abuse or assault by an adult.
If you were sexually abused or sexually assaulted in Virginia, now is the time to hold the abuser accountable. You have a voice that deserves to be heard. It is critical to make the abuser responsible for their wrongdoing to not only ensure you receive compensation for your harm and losses but to help ensure the abuser does not attempt to engage in similar inappropriate conduct with others.
An experienced and effective sexual abuse lawyer in Virginia will work tirelessly to make sure you secure financial restitution for the harms and losses you’ve endured as a result of the abuse or assault.
A lawyer can help in any of the following types of sexual assault and sexual abuse:
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- Rape
- Sexual assault
- Sexual abuse of a child
- Sexual abuse at school
- Sexual abuse in a foster care setting
- Sexual abuse by a member of the Boy Scouts of America
- Sexual abuse by a coach in a sports setting
- Sexual hazing
- Workplace sexual harassment
- Internet sex crimes
- Sexual abuse by a clergy member
Sexual Abuse Warning Signs in Children
Identifying sexual abuse can be difficult, especially when the victim is a child. But some warning signs to identify adults committing abuse include the following:
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- Spends time with a child outside of their role as an educator or caretaker without asking the child’s legal guardian
- An apparent lack of boundaries
- Trying to befriend a child instead of acting as an authority figure
- Engaging in sexualized discussions with children
- Giving children gifts for no reason
- Limiting a child’s interactions with other adults
- Spending large quantities of time with a child or children
Behavioral signs in children experiencing potential sexual abuse include:
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- Excessive discussion about topics of a sexual nature
- Refusal to be left alone with certain people
- Self-isolating
- Regressive habits like bedwetting
Emotional signs of potential sexual abuse include:
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- Decreased confidence
- Fearfulness
- Change in appetite or personality
- Nightmares
- Unexplained health problems
- Loss of trust in others
Sexual Abuse Warning Signs for Adults
In adults, there are similar challenges to identifying a victim of sexual abuse. There are many reasons why a sexual abuse or sexual assault victim would not identify the connection, but warning signs from an abuser can take the following forms:
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- Routine inappropriate touching, such as hugs, kissing, and/or tickling
- Making unwanted sexual advances
- Requesting time alone with the victim
- Restricting others from interrupting
- Purchasing expensive gifts for the victim
Sexual abuse victims oftentimes demonstrate the following symptoms:
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- Memory loss
- Sudden dislike of certain things or activities
- Emotional instability
- Inability to focus
- Anger issues
- Fear of sex or promiscuity
- Chronic pain
Sexual abuse victims can and should hold the abuser accountable with the help of an experienced sexual abuse attorney in Virginia.
What to Do After Being Subjected to Sexual Abuse
If you were the victim of sexual abuse, there are specific steps you should take to help protect yourself, including:
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- Get to a Safe Place Away From the Abuser: If the abuser is in close vicinity, go to the police station, a hospital, or a shelter as soon as possible to report the incident.
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- Pursue Medical Care: Following an incident of abuse, seek immediate medical care to treat bodily injuries and collect evidence against the abuser. In most states, the window for collecting this type of forensic evidence is 72 hours.
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- Connect With Someone for Emotional Support:It is common for sexual abuse victims to suffer post-traumatic feelings such as anxiety, depression, guilt, or isolation. Talk with someone you trust or call a crisis hotline to speak with someone anonymously who will listen and guide you on moving forward.
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- Contact Law Enforcement and File a Formal Report: If you have not already contacted the authorities, consider doing so after your examination at the hospital. The hospital can work with law enforcement to exchange information and evidence involved in your case. Make sure to tell the police what happened in as much detail as you can. This will provide a formal incident record, which you can use as evidence in a future legal proceeding.
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- Speak to an Attorney to Discuss Your Legal Options: Contacting law enforcement could lead to a criminal investigation of the abuser. Cooperating with the police as much as you can assist the state prosecutors in securing a conviction for sexual abuse or assault. While the abuser is prosecuted through the criminal justice system, you also have the option to pursue a civil action to hold the abuser financially accountable. An experienced sexual abuse lawyer in Virginia can assist in filing a civil complaint.
The Long-Term Impact of Sexual Assault
The emotional damage inflicted by sexual assault or sexual abuse can be significant. You may feel scared to leave the house and have difficulty holding down a job. Daily routines such as driving to the grocery store or home from work can become difficult. The path toward emotional and psychological well-being may require consistent counseling with therapists, physicians, mental health professionals, and others. In addition, there are many instances where sexual abuse can cause physical symptoms and illness in the victim, including:
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- Back pain
- Chronic pain
- Migraines
- Gastrointestinal disorders (e.g., irritable bowel syndrome)
A civil action for sexual assault allows you to recoup health care expenses and receive money for physical and emotional damages.
Filing a Civil Action for Sexual Abuse
Most people know that there is a legal process for prosecuting sexual abusers in the criminal justice system. However, many people are surprised to discover that a victim of sexual abuse also has the right to file a civil claim against the abuser.
The abuser is subject to both criminal prosecution and civil lawsuits by victims and their family members.
A civil action seeks to hold the abuser financially responsible for the damage they inflicted on your quality of life. Even if the perpetrator is brought to justice in court, the emotional drain of an investigation and trial can leave you feeling depleted. The support of an attorney can ensure you don’t go through this process alone.
The sexual abuser is the primary liable party. Nevertheless, there may be additional liable parties implicated in your civil sexual abuse lawsuit. For example, third parties in a sexual abuse civil case may include:
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- Churches and other places of worship
- Nursing homes
- Hospitals
- Educational Institutions
- Hotels
- Nursing homes
- Employers
Sexual Harassment in the Workplace
If you are subjected to sexual harassment or sexual abuse in the workplace, you can hold both the abuser and your employer liable for the damage you experience. Employers must provide all employees with a safe workplace. As a result, an employer can be held accountable when they fail to do so.
In Virginia, sexual harassment or sexual abuse in the workplace may include unwanted sexual advancements, both physical and verbal in nature, from a manager, supervisor, colleague, vendor, and/or customer.
Statute of Limitations on Sexual Assault Cases
In Virginia, sexual abuse victims do not have an infinite amount of time to file a lawsuit. Sexual abuse victims must file a civil claim within the applicable statute of limitations, which is the time the law allows you to file the complaint in the proper court.
According to Virginia Code § 8.01-243, the applicable statute of limitations for civil sexual abuse cases depends on the age of the victim at the time of the incident and the date the incident happened:
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- A two-year Statute of Limitations applies if the victim was 18 years or older at the time of the incident and the incident occurred before July 1, 2020
- 10-Year Statute of Limitations applies if the victim was 18 years or older at the time of the incident and the incident occurred after July 1, 2020
- 20-Year Statute of Limitations applies if the victim was a minor or incapacitated at the time of the incident
Recent Developments and Victories in Sexual Abuse Cases
The growing recognition of sexual violence and abuse has led to several high-profile sex abuse settlements.
In Virginia, a jury awarded three plaintiffs $360 million against Cumberland Hospital in New Kent County and its former medical director for sexual abuse.
And Sean “P. Diddy” Combs settled a lawsuit filed by the singer Cassie alleging sexual abuse.
Ready to Hold the Abuser Accountable? Contact an Experienced Sexual Abuse Lawyer in Virginia Today
When you are ready to pursue a civil action against the abuser, consider contacting our firm to discuss your legal options and a path forward. Hiring a competent attorney who understands this area of law will increase your likelihood of securing fair compensation and lift some of the weight off your shoulders while you focus on healing and recovery.
Day in and day out, we work tirelessly to pursue financial restitution for victims, including victims of sexual abuse or sexual assault.
Contact Corey Pollard Law today to schedule a no-cost, confidential consultation. You can reach us at (804) 251-1620 or (757) 810-5614. If you decide to initiate legal action with us, you pay no fees unless and until you win compensation.
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