For many victims of child sexual abuse, time does not move in a straight line. The abuse may happen years ago, but the harm can follow them into adulthood. In some cases, key evidence does not surface until much later. That has raised a hard question in Virginia: what should happen when the legal clock runs out before important proof comes to light?
Virginia lawmakers recently addressed that issue. In 2026, the General Assembly passed SB 37, a bill identical to HB 1020, and Governor Abigail Spanberger approved it on April 6, 2026. The new law takes effect July 1, 2026. It changes when a civil claim may accrue in cases involving sexual abuse during infancy or incapacity by allowing accrual when corroborative evidence is discovered, or reasonably should have been discovered through due diligence.
That is why many people have described the law as a bill to “restart the clock” on child sexual abuse cases. It does not erase every deadline. It does not guarantee that every older claim can move forward. But it does create another path for some victims whose cases may have been blocked before key evidence was uncovered.
Why This Change Matters
Under current Virginia law, civil claims tied to sexual abuse during infancy or incapacity must generally be filed within 20 years after the cause of action accrues. Virginia law has also said that accrual can happen when the disability of infancy or incapacity is removed, or when the injury and its connection to the sexual abuse are first communicated by a licensed physician, psychologist, or clinical psychologist.
That framework already gave victims more time than the standard two-year personal injury rule used in many other civil cases. But lawmakers concluded that it still left a gap. Sometimes the missing piece is not a diagnosis. Sometimes it is corroborative proof that comes later, like records, witness statements, photographs, recordings, test results, or an admission by the person accused. The new law recognizes that reality in a way that the legal system has not allowed for in the past.
In plain terms, the change matters because delayed evidence can make all the difference. A victim may have known something happened, yet not have had the support or proof needed to bring a civil claim. When independent evidence appears years later, the law now gives courts a clearer framework to consider whether the claim has newly accrued.
What The New Virginia Law Does
SB 37 amends Virginia Code § 8.01-249, the statute that explains when certain civil causes of action accrue. Before this amendment, subdivision 6 focused on two main points for child sexual abuse claims: the end of infancy or incapacity, and professional communication of the injury and its causal connection to the abuse. The 2026 amendment adds a third route by tying accrual to the discovery of corroborative evidence.
The enrolled bill describes corroborative evidence as independent evidence supporting an essential allegation or issue. The examples listed in the legislation include:
- Physical evidence, biological samples, scientifically reliable test results, business records, recordings, or photographs
- Witness statements about an essential allegation or about another act of the same or similar character
- A confession or admission by the individual or entity against whom the action may be brought
That language is important. It shows that this law is not built around rumor or guesswork. It is built around independent support for a claim. It also shows that lawmakers were looking at the real ways evidence can emerge over time in abuse cases.
There is also an important limit in the bill. The enrolled language states that any action brought against an entity under clause (iii) applies only to causes of action occurring on or after July 1, 2026. That means the law’s reach may differ depending on who is being sued and when the alleged conduct occurred.
What “Restart The Clock” Really Means
This phrase gets attention because it is easy to understand. But legally, the issue is more precise. The law deals with accrual, which is the point when a cause of action is considered to begin for statute of limitations purposes. In Virginia, actions for sexual abuse during infancy or incapacity must generally be brought within 20 years after accrual. So if accrual is triggered later because corroborative evidence is discovered, that can extend the time to file.
That does not mean every older case automatically comes back to life. Courts may still examine when the evidence was actually discovered, whether it reasonably should have been discovered earlier, and how the statute applies to the facts of the case. Those details can matter a great deal.
So, while “restart the clock” is a useful way to describe the change, the real takeaway is this: Virginia now gives some victims a stronger argument that the filing window should begin when independent evidence comes to light.
How This Fits Into Virginia’s Existing Civil Deadlines
Virginia’s general rule for personal injury claims is usually two years from accrual. Sexual abuse claims are handled differently. For sexual abuse during infancy or incapacity, the current civil filing period is 20 years after accrual under § 8.01-243(D). For certain sexual abuse claims outside that category, Virginia law also includes separate time limits, including a 10-year period for some actions accruing on or after July 1, 2020, and a 15-year period in some claims involving adults abused by a person of authority.
That is one reason these cases can become legally complex very quickly. The right deadline may depend on the victim’s age at the time of abuse, the type of claim, when the claim accrued, the kind of evidence available, and who may be named as a defendant.
Why Victims And Families Should Pay Attention
For victims and families, this change may open the door to a claim that once looked out of reach. It may matter in cases where proof surfaces through stored records, witness accounts, forensic material, or a later admission. It may also matter in cases where a victim has carried the weight of the abuse for years and only later learns that independent evidence exists.
Just as important, the law signals something broader. It reflects a growing understanding that abuse claims do not always fit neatly inside ordinary legal timelines. In these cases, the truth can emerge in stages. Lawmakers responded by adjusting the accrual rule to reflect that reality.
For many families, learning more about these claims starts with understanding how civil sex abuse cases work and what kinds of institutions or individuals may be held accountable.
What This Law Does Not Do
It is just as important to be clear about what the law does not do. First, it does not remove all filing deadlines for every civil sexual abuse claim in Virginia. The 20-year period tied to accrual still matters.
Second, it does not guarantee that a court will allow a claim to proceed. A court may still have to sort through issues about timing, evidence, parties, and the exact wording of the statute.
Third, it does not mean every claim against every institution will be treated the same way. As noted above, the enrolled act includes a timing limit for certain actions against entities.
How Breit Biniazan May Be Able To Help
When a law changes, victims and families are often left asking the same question: does this apply to us? That can be hard to answer without looking closely at the facts, the dates, and the evidence.
At Breit Biniazan, we know that these cases are deeply personal. They are not just about statutes and court filings. They are about trust, trauma, and the search for accountability. Our team believes in compassionate representation and clear answers during very difficult times. Our sex assault attorneys may be able to help victims and families understand how Virginia’s updated law could affect a possible civil claim.
If you are trying to make sense of a child sexual abuse case in Virginia, we can listen, explain the legal process, and help you understand what options may be available. Call us today at (855) 659-4457 or contact us online to learn more.
