Here Is What Is Happening In West Virginia
Civil Statute of Limitations
Discovery Rule: Yes
Statute of Limitations Period: Age 18 + 2 years
Tolling:  Yes
  • 2 Years For All Personal Injury Claims Not Otherwise Provided For West Virginia has not adopted a statute of limitations specific to child sex abuse. W. Va. Code § 55-2-12.

  • Discovery Rule : The burden is on the victim to demonstrate that he/she was prevented from knowing of the claim at the time of the injury by reason of fraudulent concealment, inability to comprehend the injury, or other extreme hardship. Mere ignorance of existence of cause of action or of identity of wrongdoer does not prevent running of statute of limitations. Nor can the discovery rule be used to extend past the 20-year statute of repose set forth in W. Va. Code § 55-2-15. See Donley v. Bracken, 192 W.Va. 383 (1994).
Criminal Statute of Limitations
Limitations Period: None for any felony
1 year for any misdemeanor
Tolling: Yes while accused is absent from state
Exceptions Yes
  • No Statute of Limitations for any felony; 1 year for misdemeanors : Felonies include Sexual assault and Sexual abuse in the first-degree as defined by W. Va. Code § 61-8B-3, 4, 5, and 7. Sexual abuse by a parent, guardian, custodian, or person in a position of trust to a child is a felony. § 61-8D-5. Incest is also a felony. § 61-8-12. Sexual abuse in the second-degree and third-degree as defined by § 61-8B-8, 9 are misdemeanors.
Upcoming Events
April 14 (D.C.) The 10th annual Race to Stop the Silence (Stop Child Sexual Abuse) 8K Race and Walk (and kids’ fun run) is coming right up on April 14, 2013 in D.C. Don’t miss this fun, educational and important event. Go to www.stopcsa.org or www.dcrace.org/ for Race information and registration, and to see other ways to make a difference!
Testimony
Date Testimony PDF
02/23/2012 Testimony Before the West Virginia House of Delegates on H.B. 2657,

  •   Establishing the West Virginia Religious Freedom and Restoration Act
Marci Hamilton Testimony

 
State Outreach Organizations
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Contact Your Representative
Statute of Limitations: Contact Your Representative
Step #1: Find your 9-Digit Zip Code

Step #2: Search By 9-Digit Zip Code to find contact information for your elected representative:
Statute of Limitations: Footer
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