The Virginia sexual assault statute of limitations depends on whether the case is criminal or civil and how the offense is classified. Felony sexual offenses have no time limit at all. Misdemeanor sexual offenses must generally be charged within one year, with a longer window when the victim was a child. Civil lawsuits for abuse that occurred on or after July 1, 2020, run 10, 15, or 20 years depending on the circumstances.
No Deadline for Felony Sexual Offenses
Virginia does not impose a statute of limitations on any felony. That includes every felony sexual offense: rape, forcible sodomy, aggravated sexual battery, and object sexual penetration. A prosecutor can bring charges five, twenty, or forty years after the offense.1Virginia State Crime Commission. Statute of Limitations for Sexual Crimes Against Minors
Because the criminal code simply contains no limitations period for felonies, the absence applies automatically. There is no special exception to invoke and no deadline to calculate.2Virginia State Crime Commission. Statute of Limitations for Sexual Crimes Against Minors
One-Year Limit for Misdemeanor Sexual Offenses
Misdemeanor sexual offenses run on a much tighter clock. Virginia’s general rule requires prosecutors to begin a misdemeanor case within one year of the offense.3Virginia Code Commission. Virginia Code 19.2-8 – Limitation of Prosecutions Once that year passes, the charge is effectively dead.
The most common misdemeanor sexual offense is sexual battery, which covers unwanted sexual contact accomplished through force, threats, intimidation, or a pattern of nonconsensual touching. It is a Class 1 misdemeanor, carrying up to 12 months in jail and a fine of up to $2,500.4Virginia Code Commission. Virginia Code 18.2-67.4 – Sexual Battery
Sexual abuse of a child under 15 applies when an adult engages in sexual contact with a child aged 13 or 14. Despite involving a minor, it is also classified as a Class 1 misdemeanor.5Virginia Code Commission. Virginia Code 18.2-67.4:2 – Sexual Abuse of a Child Under 15 Years of Age
Longer Windows When the Victim Was a Minor
Virginia pauses the misdemeanor clock when the victim was a child. How long the clock stays paused depends on the age gap between the offender and the victim.
If the offender was an adult and more than three years older than the child, prosecutors have five years after the victim turns 18 to file charges. That can stretch the deadline until the victim is 23. If the age gap was three years or less, the window is shorter: one year after the victim turns 18.3Virginia Code Commission. Virginia Code 19.2-8 – Limitation of Prosecutions
The five-year extension applies to the misdemeanors most commonly charged in child sexual abuse cases, including sexual battery and sexual abuse of a child under 15. For felony offenses against a child, the extension makes no difference because felonies have no time limit to begin with.
Deadlines to File a Civil Lawsuit
A criminal case is brought by the government to punish the offender. A civil lawsuit is filed by the survivor to recover money for the harm done. The two run on separate deadlines, and one does not depend on the other.
The Two-Year Default
Virginia’s baseline statute of limitations for personal injury claims is two years from the date of the injury. Before 2020, that two-year window applied to sexual assault lawsuits as well.6Virginia Code Commission. Virginia Code 8.01-243 – Personal Action for Injury to Person or Property Generally Assaults that occurred before July 1, 2020, still fall under that rule.
Expanded Windows for Abuse On or After July 1, 2020
For sexual abuse that occurred on or after July 1, 2020, the General Assembly created substantially longer filing windows. The deadline depends on the circumstances:
- Adult victim, general case: 10 years from the date of the assault.
- Adult victim where the abuser held a position of authority: 15 years. Virginia defines a “person of authority” as someone in a position of trust with influence over the victim’s life, which reaches employers, coaches, clergy, and similar figures.
- Victim was a minor: 20 years after the cause of action accrues.
All three deadlines come from the same statute and apply only to causes of action arising on or after July 1, 2020.6Virginia Code Commission. Virginia Code 8.01-243 – Personal Action for Injury to Person or Property Generally
When the Clock Starts for Childhood Victims
For survivors abused as children, the 20-year period does not automatically start on the 18th birthday. Under Virginia law, the cause of action accrues on the later of two dates: when the disability of being a minor is removed (typically turning 18), or when a licensed physician or psychologist first communicates to the person that their injury is connected to the sexual abuse.7Virginia Code Commission. Virginia Code 8.01-249 – When Cause of Action Shall Be Deemed to Accrue A survivor who does not learn the connection between their psychological harm and childhood abuse until age 30 can have 20 years from that point, not from 18.
Federal Cases Run on Their Own Clock
When sexual abuse crosses state lines, involves federal property, or falls under specific federal statutes, it can be prosecuted in federal court under separate time limits. Federal law eliminates the statute of limitations for any felony sexual abuse offense under 18 U.S.C. Chapter 109A, sexual exploitation of children, sex trafficking, and child abduction involving a minor victim.8Office of the Law Revision Counsel. 18 U.S. Code 3299 – Child Abduction and Sex Offenses A case that is too late for Virginia state court on a misdemeanor timeline may still be viable federally if the conduct violates federal law.