In crisis? RAINN 800-656-4673, free and confidential, 24/7. Or call or text 988. Legal content reviewed by Chris Schroeder, Esq.

Sexual abuse filing deadlines in West Virginia

Childhood sexual abuse claims in West Virginia: Against the abuser: until age 36, or 4 years after discovery, whichever is later. Against a person or entity that aided or concealed it: until age 36. Sexual assault claims by adults: 2 years (general personal injury period). A window that revives expired sexual abuse claims is open in West Virginia. It opened on June 1, 2020. The law is 2020 W. Va. Acts ch. 2 (H.B. 4559); W. Va. Code § 55-2-15(c).

~ minute read
Legal accuracy check
Florida Bar #520381 · D.C. Bar
First published · Last checked
How pages are checked

West Virginia at a glance

Rules, not your date
Child sexual abuse, civil
Against the abuser: until age 36, or 4 years after discovery, whichever is later. Against a person or entity that aided or concealed it: until age 36.W. Va. Code § 55-2-15(a)
Adult sexual assault, civil
2 years (general personal injury period).W. Va. Code § 55-2-12(b)
Revival window
Open
Claims against public entities
State agencies: written notice to the agency head and the Attorney General at least 30 days before suit. Counties, cities and school boards: no notice step, but a 2-year suit limit.
Statutes last checked
October 7, 2026

Child sexual abuse: the civil deadline

Against the abuser: until age 36, or 4 years after discovery, whichever is later. Against a person or entity that aided or concealed it: until age 36. The rule is in W. Va. Code § 55-2-15(a).

That is the deadline for a civil lawsuit, a claim for money damages. A criminal prosecution runs on a separate clock set by the state’s criminal code, and a report to police can be made whether or not a civil claim is still open. How the two differ.

Adult sexual assault: the civil deadline

2 years (general personal injury period). The rule is in W. Va. Code § 55-2-12(b).

Revival and lookback windows

A window that revives expired sexual abuse claims is open in West Virginia. It opened on June 1, 2020. The law is 2020 W. Va. Acts ch. 2 (H.B. 4559); W. Va. Code § 55-2-15(c).

A revival window, sometimes called a lookback window, lets survivors file claims that had already expired, for a set period. Closed windows stay listed here with their dates, because a claim filed while one was open may still be moving through the courts. Every state’s window, side by side.

Claims against public entities

State agencies: written notice to the agency head and the Attorney General at least 30 days before suit. Counties, cities and school boards: no notice step, but a 2-year suit limit. See W. Va. Code § 55-17-3(a); § 29-12A-6.

A claim against a public body often needs a written notice filed with that body first, and the notice period can be far shorter than the deadline for the lawsuit itself.

Active lawsuits and institutions in West Virginia

Sources
Statutes and government records
  1. W. Va. Code § 55-2-15(a) (childhood claims). Accurate as of October 7, 2026.
  2. W. Va. Code § 55-2-12(b) (adult claims). Accurate as of October 7, 2026.
  3. 2020 W. Va. Acts ch. 2 (H.B. 4559); W. Va. Code § 55-2-15(c) (revival window). Accurate as of October 7, 2026.
  4. W. Va. Code § 55-17-3(a); § 29-12A-6 (notice to public entities). Accurate as of October 7, 2026.
Further reading
  1. CHILD USA, statute of limitations research (used as a cross-check, not as the source of any rule above).

You do not have to explain everything to find out where you stand.

A case review is free, confidential, and carries no obligation. Tell us as much or as little as you want. If a claim is possible, we will explain the deadline that applies to you and what filing would involve.

Reviewed by Chris Schroeder, Esq. · Florida Bar #520381 · D.C. Bar · No fee unless you recover