01 Jun Virginia: Sexual Abuse – a Lawyer’s Limitation
On April 21, 2016, in the Spotsylvania appeal of Haynes v. Haggerty, No. 150666, the Virginia Supreme Court held that Plaintiff’s personal injury claims for child sexual abuse which accrued during 1971-1975 and expired in March, 1977 (2 years after her 18th birthday) were time-barred by Va. Code §8.01-256, which expressly provides that the remedial provisions of Va. Code §8.01-249(6) for childhood sexual abuse victims do not apply to causes of action existing before October 1, 1977. Id. at 4-5. Thereby Haynes did not have to reach the alternative Constitutional argument against retroactive application of §8.01-249(6). Id. at 3-4.