Wednesday, March 16, 2011

VA Man's Abuse Story Moves Legislators To Act

Posted January 29, 2011
Article written by Dena Potter of the Associated Press

This is an amazing story.  You can Google "Dena Potter" and the title of article and it will pop up for you to read.  It has taken 30 years for the Virginia General Assembly to pass this much needed legislation extending the statute of limitations for survivors of childhood sexual abuse.  It took the unrehearsed testimony of a 67-year-old man to reach their hearts.  (Apparently, rehearsed speeches from alleged victims don't carry much credibility since most legislators are lawyers and lawyers are excellent at "rehearsing" their clients before testifying.)  What is most amazing is how easily their hearts were turned - in an instant - after hearing Wayne Dorough's story.  I hope to find Wayne and to meet him too.  I have found Dena Potter.  She lives right here in Richmond, Virginia and works out of an Associated Press Office on Main Street. 

I gave up on the Virginia General Assembly years ago and never thought I'd live to see the day that victims of sexual abuse would actually be able to file civil suits against their abusers before the statute of limitations expired.  Formerly, victims only had 2 years after they turned 18 and most survivors, including Wayne Dorough, take many years before they are able to press charges or come to terms with the abuse and heal from the emotional and psychological scars.

I plan at least to write the chief patrons on the bills to thank them for listening to Wayne's story and for enacting this new law.

2011 Virginia General Assembly Passes New Law for Sexual Abuse Victims

Legislation passed by Virginia House and Senate and heading to the Governor for his signature: 
Statute of Limitations:  Victims of Sexual Abuse will have 20 years to file civil suits, instead of 2 years.

Summary as Passed:

Torts; sexual abuse; limitations period.  Extends the limitations period for actions for sexual abuse committed during the infancy or incapacity of the abused person from 2 to 20 years from the time of the removal of the infancy or from the time the cause of action otherwise accrues.  HB 1476 passed unanimously!  Same as bill introduced in Senate - that bill passed Senate with amendment (38 yes, 2 no).

See Code of Virginia Section 8.01-243 is amended and reenacted as follows:...

That Section 8.01-243 of the Code of Virginia is amended and reenacted as follows:

1.   D.  Every action for injury to the person, whatever the theory of recovery, resulting from sexual abuse occurring during the infancy or incapacity of the person as set forth in subdivision 6 of Section 8.01-249 shall be brought within 20 years after the cause of action accrues.

Co-Patrons in House of Delegates:  Vivian E. Watts (D) and David B. Albo (R)
Patron of Senate Bill:  Frederick M. Quayle (R)
Significant Senator speaking for the bill:  Senator John S. Edwards (D)