Sexual Harassment of Children in VA
The Virginia General Assembly has approved a number of measures to protect child victims of sexual abuse or any other abuse. A bill going through the Virginia General Assembly would allow child survivors of unlawful sexual abuse to report years after they become adults. First, the Virginia General Assembly recently extended the time limit during which a victim of sexual assault must file a sexual assault complaint against their abuser.
Under Virginia’s statute of limitations, victims of sexual assault can file a civil lawsuit against their abuser decades after the abuse occurred. In addition to prosecuting child sexual abuse, perpetrators of child sexual abuse, circumstances of abuse may allow legal action against the accused employer or property owner where the abuse occurred. Claims can also be brought against employers or other parties who have a special responsibility to the victim but fail to take reasonable steps to protect the victim from abuse. In Richmond, Virginia Beach, and throughout Virginia, child sexual abuse laws are 20 years from the time the victim turns 18, or if it’s a repressed memory, when they remember the sexual abuse.
As of 2002, the statute of limitations for civil lawsuits against child sexual abuse in Virginia was only 20 years. In 2020, Virginia’s governor signed a new law extending the statute of limitations for child sex crimes to five years after the victim turns 18. Currently in Virginia, child victims can only sue for unlawful sexual crimes such as sexual assault until the age of 19.
The age of consent in Virginia is 18, so any sexual contact with a minor would be considered a crime. If the accused is three years younger than the minor and consent is obtained, the offence is classified as a Category 4 offence. A person commits a Category 6 offence if the person is “physically acquainted” with a child between the ages of 13 and 15 who consents to sex, and the person is at least three years older than the child.
Second, a person is guilty of indecent liberties with a child if
- over 18,
- with sexual intent receives property /money, or any other compensation
- permission, persuasion, or encouragement of a minor
- Act or be the subject of sexually explicit visual material,
- Intentionally encourage a minor to act or be exposed to sexually explicit visual material.
If a person has sexual intercourse with that person’s child or grandchild, that person is guilty of a class 5 crime. If a parent or grandparent does this with their child or grandchild between the ages of 13 and 17 at the time of the crime, that person is the parent or a grandparent is guilty of a class 3 offense. If a person with apparent sexual intent sexually abuses a child between the ages of 13 and 15, that person is guilty of a class 1 offense.
An adult who, with obscene intent, sexually abuses a child aged 13 or older but under 15 years of age may be charged and convicted of a class 1 crime – a felony. When an adult is compensated for allowing, encouraging or seducing a minor to be the object of sexually explicit visual material, or if the adult encourages such acts, he or she may be found guilty of a gang offense. If a person is guilty of indecent liberties with a child, as described above, it is a class 5 offense and that person faces a felony sentence of one to 10 years in prison or, at the discretion of the court or jury hearing the case. up to 12 months in prison and/or a fine of up to $2,500.
This offense prohibits exposing one’s genitals; invite the child to expose their genitals; invite the child to caress his or the author’s genitals; invite the author to caress the genitals of children; offer any sexual intercourse with a child; seduce, lure, persuade or invite a child to enter any vehicle, room, house or other place for the purposes of the aforementioned activities.
There are various sanctions for involving minors in crimes against minors of a sexual nature. In a civil litigation involving alleged child abuse or neglect, Virginia Code SS 63.2-1522 allows certain out-of-court statements describing sexual acts with or against a child by another person to be admissible as evidence if the statement was made by a child, who is 14 or younger. The Virginia General Assembly also amended Virginia Code SS 18.2-67.9 to allow child victims of sex trafficking or commercial prostitution to testify on two-way closed-circuit television, whether or not the child was 14 at the time of the crime years or less 16 years of age or younger at the time of the trial. The Virginia General Assembly amended Virginia Code SSSS 3.2-1505 and 63.2-1506 to require local boards of human services, when investigating a person who is the subject of child abuse or negligence allegations, or who is undergoing a family assessment, to determine In addition, have lived in another state for at least the previous five years.
Virginia tightened Virginia laws in favour of civil plaintiffs on child sexual abuse complaints. Virginia is beginning to make significant efforts to reform its child sexual abuse laws and reduce the time it takes for victims to file and resolve complaints. His efforts to change the law have helped victims of sexual assault get justice for their abusers in the courts, as well as obtain compensation. These laws allow sexual assault lawyers in Virginia to file lawsuits against sexual predators, including members of the clergy and the Catholic Church. In 2020, Virginia passed a law extending Virginia’s criminal statute of limitations (SOL) for minor offenses of child sexual abuse. Forcing or encouraging actions that make children delinquent, abuse, etc.