Lawsuit Information Center
Victims of sexual abuse or sexual assault in West Virginia can file civil lawsuits against their abuser and other third parties, such as schools, churches, etc. Our sex abuse lawyers help victims get financial compensation by filing civil lawsuits against parties who negligently allowed the abuse to occur or failed to prevent it.
In this post, we will look at the process of filing a civil lawsuit for sexual abuse in West Virginia. We will look at the relevant laws regarding sex abuse and the average settlement value of these cases.
If you or your child has been a victim of sex abuse, call our attorneys today at 800-553-8082 for a free consultation, or get a confidential case evaluation online.
Table of Contents
➤ Deadline for West Virginia Sex Abuse Lawsuits
➤ Frequently Asked Questions on How These Lawsuits Work and What You Have to Do
➤ Juvenile Detention Sex Abuse
➤ Residential Treatment Sex Abuse
➤ West Virginia Sex Abuse Settlement Amounts and Jury Payouts
West Virginia Sex Abuse Lawsuit Update
New Lawsuit Filed in Greenbrier West Wrestler Rape Case
April 10, 2025
Guardians of two Greenbrier West High School wrestlers have filed a second lawsuit in connection to the alleged sexual assaults of their sons by fellow team members during an overnight stay at a Beckley, West Virginia, hotel. The federal suit targets the Microtel Inn by Wyndham and its operator, Shreeji Hospitality of Lexington LLC, along with Wyndham Hotels and Resorts Inc., alleging negligence and failure to ensure the safety of unsupervised minors.
According to the complaint, school staff inadequately supervised the wrestlers during a team trip in February 2024. Two minors were allegedly raped by teammates in a shared hotel room. The plaintiffs describe a disturbing lack of oversight by both the coaching staff and hotel management, which they argue created conditions that enabled the assaults.
The lawsuit alleges negligence, negligent training, and violations of the minors’ civil rights. The plaintiffs are also pursuing parallel claims against the Greenbrier County Board of Education in state court for Title IX violations, intentional infliction of emotional distress, and negligent supervision. The new federal case has been assigned to U.S. District Judge Michael E. Froble in the Southern District of West Virginia.
West Virginia Lawmakers Push Bill to Limit Justice for Child Sex Abuse Survivors
April 8, 2025
In a depressing move that threatens to roll back hard-fought rights for survivors, the West Virginia House of Delegates has introduced House Bill 3516, a dangerous proposal that would slash the statute of limitations for child sexual abuse civil claims against state-insured entities from 18 years to just 2 years after the survivor turns 18.
Let’s be clear: This bill is a betrayal of survivors. It protects institutions—not victims—by creating artificial deadlines that shield public schools, juvenile centers, and other state-backed entities from being held accountable for abuse that often takes decades to report. This effort comes on the heels of massive settlements involving places like Miracle Meadows School, where students were systematically abused, raped, and brutalized over years. More than $100 million has been paid to survivors in those cases, with over 100 more pending claims.
House Bill 3516 is a direct response to those payouts. Instead of working to make children safer and hold abusers accountable, lawmakers are trying to minimize future liability by stripping survivors of their rights.
Woman Alleges Rape by Male Inmate in West Virginia Jail, Files Federal Lawsuit
April 7, 2025
A Mingo County woman has filed a federal civil rights lawsuit alleging that she was raped by a male inmate while she was being held in a female housing unit at Southwestern Regional Jail in Logan County, West Virginia.
The lawsuit, filed April 3 in the U.S. District Court for the Southern District of West Virginia, names the West Virginia Division of Corrections and Rehabilitation (WVDCR), Superintendent Toby Allen, Corrections Officer Noe, and nine unnamed officers as defendants.
According to the complaint, the alleged incident took place in August 2023 while the woman was detained in “A Pod,” a housing unit designated exclusively for female inmates. The lawsuit claims a male inmate entered the pod without restriction, climbed to the second floor, entered her cell, brandished a handmade weapon, and forcibly raped her. She alleges that her cellmate was ordered out of the room before the assault occurred and that the male inmate threatened to kill her if she reported it.
New UHS Sex Abuse Lawsuit (River Park Hospital)
February 14, 2025
A dozen former juvenile residents of River Park Hospital in Huntington, a residential treatment facility for adolescents, have filed a sexual abuse lawsuit alleging they were sexually abused by staff members, including guards and counselors, while the facility allegedly ignored a “culture of abuse.” The plaintiffs, identified only by initials, claim the abuse ranged from inappropriate strip searches to rape, often involving bribery, grooming, and threats to keep victims silent. The lawsuit, filed against Universal Health Services Inc. and its subsidiary HHC River Park Inc., details incidents dating back to 2004, with victims as young as 9 years old.
Greenbrier West High School Sexual Abuse Lawsuit
January 31, 2025
Two Greenbrier West High School wrestlers have filed a sex abuse lawsuit against the Greenbrier County Board of Education, alleging that they were sexually assaulted by teammates during an overnight wrestling trip in February 2024. The lawsuit, filed in Raleigh Circuit Court, claims that the school and coaching staff failed to provide proper supervision, allowing the assaults to occur.
According to the suit, the wrestling team stayed at a Microtel hotel in Raleigh County on the night of February 9, 2024, before a match the next morning. Two children allege they were assaulted by two larger teammates, who forcibly removed their clothing and raped them, including using a pen for penetration. The victims say they were left without protection, with one child forced to remain in the room with his attackers overnight. The lawsuit emphasizes that the coaching staff failed to conduct routine room checks, leaving the wrestlers unsupervised.
What is Sex Abuse in West Virginia?
Sexual abuse and sexual assault are serious crimes in West Virginia, and victims have the right to pursue both criminal charges and civil lawsuits against their abusers. First-degree sexual abuse in West Virginia is defined as intentional sexual contact with another person for the purpose of either gratifying the abuser or degrading the victim. This includes forcible rape, groping, and other non-consensual sexual acts.
A key legal distinction in West Virginia sex abuse cases is consent. Under state law, minors (under 18) cannot legally consent to sexual activity. Any sexual contact between an adult and a minor is automatically considered sexual abuse or sexual assault. Survivors of first-degree sexual abuse in West Virginia can pursue both criminal prosecution and civil lawsuits against their abuser and any institutions—such as schools, churches, or juvenile detention centers—that failed to prevent or covered up the abuse.
Civil and Criminal Standards Are Different
In civil lawsuits for sex abuse in WV, victims can seek financial compensation for damages such as medical expenses, therapy costs, emotional distress, and lost wages. Even if criminal charges are never filed or an abuser avoids conviction, survivors can still file a West Virginia sexual abuse lawsuit to hold individual perpetrators and negligent third parties accountable.
Civil Lawsuits for Sex Abuse in West Virginia
Under West Virginia state law, individuals who have experienced sexual abuse or assault have the option to initiate a civil lawsuit to pursue financial compensation. Keep in mind that abuse victims can pursue a civil lawsuit irrespective of whether they have filed criminal charges, and this legal recourse remains available even if the abuse was never reported or disclosed at the time it occurred.
To initiate a civil lawsuit for sexual abuse, victims are only required to be willing to provide sworn testimony regarding the details of the sexual abuse or assault. This testimony can be reinforced by additional evidence, such as medical records demonstrating physical injuries resulting from the assault. Moreover, testimony from other witnesses who can attest to the factual aspects of the case may also be presented.
One thing to remember is that even if criminal charges are not pursued or do not result in a conviction, survivors can still file a civil lawsuit to seek justice and financial compensation. Civil cases offer an essential path for survivors to reclaim power, seek accountability, and obtain compensation to aid their recovery.
Going After Third Parties in West Virginia Sex Abuse Lawsuits
In representing survivors of sexual abuse, one truth becomes abundantly clear: the individual who committed the abuse is often not the best or most effective defendant in a civil lawsuit. That person may be in prison, deceased, or simply judgment-proof. While naming the abuser in the complaint can be meaningful from a justice standpoint, it rarely results in financial compensation or institutional change.
That is why we focus much of our efforts on holding third parties accountable—entities whose negligence allowed the abuse to happen or to continue unchecked. These are the institutions that should have known, and in many cases did know, that something was wrong. Schools, churches, youth organizations, and health care facilities—these are the defendants who had a duty to protect and who failed to do so.
We have seen it many times. A school that ignores repeated reports about a teacher. A church that quietly reassigns a predator rather than reporting the abuse. A hospital that allows a doctor to continue treating patients despite multiple complaints. These are not isolated incidents. They are patterns of institutional failure. And under West Virginia law, these failures can give rise to liability when they contribute to the conditions that allowed the abuse to occur.
These cases are about more than settlement compensation. They are about forcing institutions to confront what they allowed to happen, and ensuring they are never in a position to allow it again. The law provides a path forward, and we have walked that path with many survivors. We know what it takes to pursue justice—not just against the abuser, but against those who enabled them.
West Virginia Statute of Limitation for Sex Abuse Lawsuits
A statute of limitations is a strict legal deadline for how long someone must file a lawsuit. If the lawsuit is not filed before the statute of limitations passes, the plaintiffs lose their right to sue forever. While other states have recently changed their laws to make it easier for victims of sexual abuse (particularly child sex abuse victims) to file civil lawsuits, West Virginia’s SOL for sex abuse cases remains pretty restrictive.
If the victim is an adult (over age 18) when the abuse occurred, WV’s general 2-year statute of limitation applies. In cases involving child sexual abuse, however, the child victim has until their 36th birthday to file a civil lawsuit. W. Va. Code Ann. § 55-2-15. That SOL can also be extended by a 4-year “discovery rule” in cases of repressed memories.
In 2020, West Virginia passed a new lookback or revival law that allowed victims of child sexual abuse to file civil lawsuits for abuse that occurred decades in the past. The revival law created a 4-year limited window for victims to bring old claims. The revival law was somewhat pointless, however, because it only applied to claims against the individual abusers, not claims against third parties like schools or churches.
In sum, West Virginia law is cruel to sex abuse survivors, and the law needs to be changed as it has in many other states.
West Virginia Sexual Abuse Lawsuit FAQ
Who can file a sex abuse lawsuit in West Virginia?
Anyone who has experienced sexual abuse or sexual assault in West Virginia may be eligible to file a civil lawsuit. That includes survivors of child abuse, inmate abuse, clergy abuse, and institutional abuse. Parents can also file on behalf of a child. Even if the abuse happened years ago, you may still have a legal path forward. It depends on your age at the time and when the abuse was discovered.
If you are not sure where to start, speak with a West Virginia child sexual abuse lawyer who has handled these cases. The right lawyer will walk you through every step.
Can I still file if no criminal charges were brought?
How long do I have to file a lawsuit?
If the abuse happened when you were a child, you typically have until your 36th birthday to file a lawsuit. But this is West Virginia. The law is not always survivor-friendly. If the abuse happened in a public school or state-run facility, different—and often shorter—deadlines may apply.
There is no substitute for speaking with a lawyer who knows the nuances. A Charleston WV school sexual abuse attorney can tell you exactly how much time you have based on your specific case. Do not wait. Delays can cost you your rights.
What if the abuser is dead or in jail?
What kind of compensation is available in a sex abuse lawsuit?
Can I file anonymously?
What makes a strong sex abuse lawsuit?
What if the abuse happened at college?
Are clergy abuse cases still being filed in West Virginia?
How do I start filing a child sex abuse lawsuit?
Clergy Sex Abuse in West Virginia and the Diocese of Wheeling-Charleston
West Virginia, like many states, has faced numerous allegations of sexual abuse by clergy members. The Roman Catholic Diocese of Wheeling-Charleston has faced significant scrutiny over clergy sexual abuse allegations. Seven years ago, the diocese released a list of 31 clergy members credibly accused of sexually abusing minors, with reported incidents dating back to 1950. This disclosure candidly made clear the diocese’s failure to protect young people within the church.
The West Virginia Attorney General filed a civil lawsuit against the diocese and former Bishop Michael J. Bransfield, alleging violations of consumer protection laws. With good reason: Bishop Bransfield himself was the subject of multiple allegations of sexual harassment and financial improprieties. Following an investigation, Pope Francis banned Bransfield from public ministry and from residing in the diocese. Bransfield was also ordered to make amends, including financial restitution and apologizing for the harm caused.
These events underscore a broader pattern of clergy sexual abuse and institutional cover-ups within the Catholic Church, both in West Virginia and globally. Efforts to address these issues continue, with ongoing legal actions and calls for greater transparency and accountability within religious institutions.
To its credit, the diocese has taken steps to address these issues by implementing mandatory background checks for clergy and staff, providing abuse prevention training, and establishing a victim assistance program to support those affected by the abuse. But a part of making things right is paying a fair settlement amount to clergy abuse victims.
So the legacy of clergy abuse in West Virginia, and particularly in Charleston, remains a significant issue, with many victims seeking justice and compensation for the harm they suffered. The settlement amounts in these cases can vary widely, depending on factors such as the severity of the abuse, the number of victims, and the financial resources of the diocese or other responsible entities.
The issue of clergy abuse in West Virginia extends beyond the Diocese of Wheeling-Charleston. In addition to seeking compensation for their clients, most clergy sex abuse lawyers in West Virginia want to also do their part to prevent future abuse, support survivors, and ensure that responsible parties are held accountable in ways beyond just dollars and cents.
West Virginia Detention Center Sex Abuse Lawsuits
West Virginia juvenile detention centers, such as the Western Regional Juvenile Center in Parkersburg and the James H “Tiger” Morton Juvenile Center in Kanawha County, have been scrutinized for failing to protect inmates from sexual abuse. Lawsuits have been filed alleging inadequate staff training, poor supervision, and insufficient reporting mechanisms, contributing to a culture where abuse could occur unchecked.
These lawsuits highlight systemic issues within the state’s juvenile justice system and underscore the need for comprehensive reforms. Advocates are calling for improved staff training, increased oversight, and stricter protocols for handling allegations of abuse to better protect the rights and safety of juvenile detainees.
One significant challenge for plaintiffs in juvenile detention center sex abuse lawsuits is the statute of limitations that our lawyers complain about above. West Virginia law unfairly limits the ability of victims to file lawsuits long after the abuse occurred. Legal reforms are desperately needed to extend these time limits to provide survivors with a fair chance to seek compensation and justice.
Residential Treatment Center Sex Abuse Lawsuits in West Virginia
Residential treatment centers in West Virginia have become a focus of sexual abuse lawsuits, with victims coming forward to report abuse within these facilities. Allegations often center on inadequate staff training, poor supervision, and failure to protect vulnerable residents from predatory staff members or peers. Major facilities involved in such claims include Genesis Youth Crisis Center (Genesis Youth Services) in Clarksburg, Pressley Ridge (Pressley Ridge Inc.) in Romney, and Elk River Treatment Program (Elk River Behavioral Health) in Fayette County. Victims often allege that these facilities failed to provide a safe environment, leading to traumatic emotional and physical harm.
These lawsuits often target the abusers. But there is rarely compensation available from the abused. But a lot of fault also lies with the institutions that negligently allowed the abuse to occur. Claims frequently focus on systemic failures, such as insufficient background checks, ignoring red flags, or failing to act on reports of misconduct. Two things our sex abuse lawyers see a lot in these lawsuits: complaints of sexual abuse were dismissed, or unsafe conditions fostered an environment where abuse could thrive.
We are also looking at claims against these facilities:
- River Park Hospital (Huntington)
A psychiatric hospital providing inpatient and outpatient mental health services for children, adolescents, and adults. - Davis Stuart (Lewisburg)
A therapeutic residential care facility for adolescents aged 12-18, focusing on emotional and behavioral challenges. - Potomac Center (Romney)
Offers residential care and services for individuals with intellectual and developmental disabilities. - Board of Child Care (Falling Waters)
Provides residential treatment programs and behavioral health services for at-risk children and adolescents. - Elkins Mountain School (Elkins)
A residential treatment center for male adolescents with behavioral and emotional issues. - Burlington United Methodist Family Services (Burlington)
Offers foster care, adoption services, and residential care for children in need. - Academy Programs (Fairmont)
Provides residential and community-based treatment for at-risk youth dealing with behavioral and substance abuse issues. - Crittenton Services (Wheeling)
Specializes in behavioral health treatment, particularly for adolescent girls and young women, including residential and outpatient services. - Huntington Comprehensive Treatment Center (Huntington)
An outpatient facility providing medication-assisted treatment for individuals with opioid addiction. - Cammack Children’s Center (Huntington)
A residential treatment facility offering care and support for children with emotional and behavioral needs. - New River Ranch (Fayette County)
A group home providing a family-like environment for boys and girls aged 10-17 with various challenges. - Golden Girl Group Home (Ceredo)
A home for girls aged 12-18, focusing on providing a stable and nurturing environment. - Abraxas (Morgantown)
A residential program for adolescents with behavioral, emotional, and substance abuse issues. - Highland Hospital (Charleston)
A psychiatric hospital offering inpatient and outpatient mental health care for all age groups. - Home Base Inc. (Morgantown)
Provides support and residential services for youth transitioning out of foster care or facing homelessness. - Project Hope (Huntington)
Offers services and programs for at-risk youth, including mentorship and educational support. - Pressley Ridge (Clarksburg)
Provides residential treatment, foster care, and family support services for children and adolescents.
Calculating Settlement Amounts in Sex Abuse Cases in West Virginia
Settlement amounts in West Virginia sex abuse cases are driven by the facts—and when those facts show real harm and institutional negligence, the numbers climb. These cases are not just about compensation; they are about accountability. And when the truth comes out, institutions that enabled or ignored abuse often pay dearly.
Severity and Duration of Abuse
The longer and more brutal the abuse, the higher the settlement. Period. Victims who endured repeated sexual abuse, particularly as minors, have strong claims that often result in substantial payouts—especially when the abuse occurred under the watch of an institution that should have known better.
Impact on the Survivor’s Life
These cases are not just about what happened years ago. They are about what victims live with every single day—depression, PTSD, substance abuse, suicidal thoughts, destroyed trust, broken families. We work with mental health experts to document the full toll and ensure that pain is reflected in the settlement demand.
Who Is on the Other Side
A case against a broke individual abuser is not worth what a case is against a diocese, school district, state agency, or national youth organization. When we go after institutions with real assets and real insurance coverage, the value of the case increases exponentially. These entities are not just responsible for what happened—they are responsible for what they failed to stop.
Institutional Negligence and Cover-Ups
If the evidence shows that administrators knew about prior abuse or covered it up, your case is worth more. Courts punish that kind of systemic failure. We pursue punitive damages and push for public accountability. And more often than not, institutions settle to avoid what would come out in open court.
Why the Lawyer You Hire Matters
Do not underestimate this: hiring the right sex abuse attorney in West Virginia can change everything. These are not standard personal injury cases. They require legal firepower, trauma-informed advocacy, and the willingness to take the fight to powerful institutions. We have seen defense lawyers fold when the right documents come to light and the right case strategy is executed.
Good attorneys know how to unearth hidden evidence, depose evasive witnesses, and negotiate from a position of strength. That translates directly into bigger settlements for survivors.
West Virginia Sex Abuse Verdicts & Settlements
Below are verdicts and settlements from recent West Virginia sexual abuse lawsuits.
$51,900,000 Settlement
A group of 29 former students settled claims alleging that they were sexually abused at Miracle Meadows, a private boarding school in Salem, WV. The school was shut down in 2014. The students alleged that they were subjected to mental and sexual abuse by staff members at the Christian boarding school.
In addition to the $51.9M settlement, a second group of 32 students reportedly reached another large settlement over similar abuse at the same school. This one appears to be separate and more recent.
$4,500,000 Settlement
This settlement resolved the claims of three female students who were sexually molested by their 47-year-old male teacher. They sued both the teacher and the school district. The plaintiffs contended that the teacher forced them to engage in sexual conduct. They also alleged that the school district failed to properly hire, train, and supervise its employees, and failed to prevent the abuse or provide a safe environment.
$20,500 Verdict
A minor female suffered emotional distress when she was molested by another minor while under the care of the defendant’s daycare center. The nonparty minor reportedly inserted a pen into the plaintiff’s rectum. The plaintiff alleged that the facility was negligent in failing to provide proper supervision and left the minors unattended.
$5,350,000 Verdict
A 23-year-old woman alleged that a male physician molested her during a visit to a medical facility where she sought treatment for a kidney stone. She claimed the doctor maliciously put his hand down her pants and failed to meet the standard of care. The defendant denied liability. The plaintiff’s spouse also received an award for loss of consortium.
$23,000,000 Settlement
Nearly 2,500 women treated at Charleston Area Medical Center’s endoscopy suite reached a class-action settlement after a former gastroenterologist was convicted of first-degree sexual abuse. The plaintiffs alleged that the physician assaulted sedated patients between 2010 and 2016, and that the hospital failed to monitor or stop the abuse.
Confidential Settlement
The Catholic Diocese of Wheeling-Charleston reached a confidential settlement with a former altar boy who alleged that ex-Bishop Michael Bransfield sexually assaulted him. This was not the first time Bransfield had faced such accusations.
How to File a Child Sex Abuse Lawsuit in West Virginia
Victims of child sexual abuse in West Virginia have the right to file civil lawsuits to seek justice and financial compensation. The process for filing a child sex abuse lawsuit in West Virginia can be complex, especially given the state’s strict statute of limitations on these cases.
Our child sexual abuse lawyers are experienced in handling claims involving schools, churches, juvenile detention centers, and other institutions that failed to prevent abuse. If you are wondering how to file a child sexual abuse lawsuit, our legal team can guide you through the steps, including:
- Assessing your case to determine if you are eligible to file
- Gathering evidence such as medical records, witness testimony, or past complaints against the abuser
- Identifying liable parties, including the abuser and any institution that enabled the abuse
- Negotiating a settlement or taking the case to court if necessary
Filing a West Virginia sex abuse lawsuit is a powerful way for survivors to seek justice, hold institutions accountable, and secure settlement compensation for the trauma they have endured.
Contact Us About a West Virginia Sex Abuse Lawsuit
If you have a sexual abuse lawsuit in West Virginia, call our lawyers today at 800-553-8082 for a free consultation, or contact us online.