When it Comes to Civil Recovery for Sexual Assault, Location is Everything
An anonymous plaintiff recently sued a former Saturday Night Live cast member, Horacio Sanz, along with NBCUniversal, and SNL Studios for grooming her, engaging in sexually explicit online conversations, and then sexually assaulting her.
While such conduct is sadly all too common, Jane Doe’s lawsuit is unique because the conduct that it alleges happened twenty (20) years ago.
The inappropriate online conversations took place via AOL Instant Messenger. The lawsuit was filed on August 12, 2021 under New York’s Child Victims Act (the “CVA”), which allows child victims of sex crimes to commence civil lawsuits at any time before they reach fifty-five (55) years of age.
It also gave survivors a “look back window” until August 14, 2021 to file claims which had already been time-barred. Ironically, the CVA was signed into law by none other than New York’s soon to be ex-governor, Andrew Cuomo.
Another example of the CVA in action is Virginia Giuffre’s lawsuit against HRH Prince Andrew, the Duke of York. Giuffre, who filed her suit in federal court in Manhattan, alleges that Prince Andrew sexually assaulted and battered her when she was seventeen. Like Jane Doe’s suit against Sanz, Giuffre’s allegations concern conduct that is alleged to have occurred twenty (20) years ago.
There have been approximately 10,000 cases filed under the CVA in advance of the August 14, 2021 deadline. These numbers include thousands of cases against Catholic clergy, Boy Scout leaders, teachers, educational institutions and family members.
New York victims who were adults when their sexual assault happened generally only have three (3) years to bring a claim against their perpetrator.
In Virginia, a child victim of sexual abuse has twenty (20) years to bring a lawsuit. For many victims, this would mean they would have until their thirty-eighth birthday to file a lawsuit against their perpetrator.
Unlike New York’s Child Victims Act, however, § 8.01-243(D) of the Virginia Code does not extend the twenty-year statute of limitations to schools, churches, corporations or any other non-person. Virginia is not all bad, though. Governor Northam and the legislature enacted HB870 last year, which gives victims of sexual abuse after July 1, 2020 ten (10) years to bring a civil action.
Adult victims of sexual assaults which occurred prior to July 1, 2020 are stuck with Virginia’s two (2) year statute of limitations. Similarly, victims who have claims against schools, business, and other organizations are stuck with Virginia’s two (2) year statutes of limitations for torts like negligence, negligent hiring, and negligent retention.
If you, a close friend, or a family member were the victim of a sexual assault, it is essential that you seek professional help immediately. It is not your fault. Determining your cause of action and the requisite statute of limitations can depend on a variety of factors and can involve difficult legal issues.
With over 100 years of combined experience, we are seasoned professionals who are battle-tested both in the courtroom and at the negotiating table. Attorneys all over the mid-Atlantic refer clients to our firm, and as leaders in the bar we are selected by our colleagues to receive special recognition, year after year. Whether you need help with arbitration, a job loss, personal injury, divorce or perhaps your business is in trouble, Cook Craig & Francuzenko can help.
Broderick C. Dunn is a partner at Cook Craig & Francuzenko PLLC. He has represented sexual assault victims in cases against educational institutions, ride share companies, defense contractors, and individuals. He frequently speaks on topics including workplace harassment, equity and race. Follow him on twitter at broderick_dunn and LinkedIn at https://www.linkedin.com/in/broderickdunn/.
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