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 have 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.
West Virginia Sex Abuse Lawsuit Update
January 31, 2024: Greenbrier West High School Sexual Abuse Lawsuit
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.
The lawsuit also highlights the school board’s failure to follow its own policies for overnight trips, including missing required forms, designated chaperones, and oversight procedures. The plaintiffs accuse the board of negligence, violations of Title IX, sexual discrimination, and intentional infliction of emotional distress, among other claims. They seek compensatory and punitive damages for emotional and economic harm, including diminished future earning capacity.
This is a truly sad case. Student-on-student sexual assault lawsuits against school districts can be successful. You see many multi-million settlement payouts and jury awards in cases just like this. But, generally speaking, student-on-student suits face more legal hurdles compared to cases involving abuse by teachers or staff.
The primary strength of this lawsuit lies in the clear lack of supervision by the coaching staff, which allegedly created an unsafe environment that enabled the assaults to occur. The failure to follow established policies for overnight trips—such as requiring chaperone oversight and proper documentation—further bolsters the argument that the school district neglected its duty to protect students. But the challenge will be proving that the school had prior knowledge of a substantial risk of sexual misconduct and failed to act. This is a key requirement for holding the district liable. Defense arguments will likely focus on whether the assaults were foreseeable, emphasizing that the perpetrators—not the school—are directly responsible for the harm. Pretrial discovery is so important in a case like this to see if the school had a history of ignoring similar incidents or failed to take action despite red flags.
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 that is important 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 resources to aid in their recovery.
Going After Third Parties in West Virginia Sex Abuse Lawsuits
The most obvious defendant in any sexual battery lawsuit would be the person who committed the sexual abuse. The problem with suing the abuser is that they might already be dead or in jail, and even if they are still around, they may not have money or financial resources to pay for any compensation awarded in the case. Going after the abuser only makes sense in a civil case if they are wealthy.
The best way to get money in a civil sex abuse lawsuit is to sue a third party for negligence in connection with the abuse. Common examples of third parties who can be sued in sex abuse lawsuits include schools, youth organizations, churches, gyms, etc. These parties can be held liable in a child sex abuse lawsuit if the plaintiff can show that their negligence somehow enabled the abuse to occur or to continue. Third parties in sex abuse lawsuits can also be held liable if they attempt to cover up abuse incidents after the fact.
Here is an illustrative example of how suing a third party often works. Let’s say Jane experienced sexual abuse by her high school teacher, Bob. Although Jane did not disclose the abuse, the school had received other reports and complaints about Bob’s inappropriate conduct with students, which it failed to investigate. In this case, Jane could bring a sexual abuse lawsuit against the school, alleging negligence in its failure to investigate Bob and protect Jane and other students from potential harm.
West Virginia Statute of Limitation for Sex Abuse Lawsuits
A statute of limitations is basically a strict legal deadline for how long someone has to 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 fairly 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 (2016). 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.
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 issuing an apology 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 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 need 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 there is a lot of fault that 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 where 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
In West Virginia, settlement amounts in sex abuse cases can vary significantly, depending on several factors. The severity and duration of the abuse, the impact on the victim’s life, and the financial standing of the responsible parties are key considerations in determining compensation.
Victims of more severe or prolonged abuse generally receive larger settlement payouts, especially when the abuser is linked to an institution like a church, school, or state-run facility with substantial financial resources.
One other thing… a good sex abuse attorney in West Virginia makes a difference. Effective legal representation is crucial in these cases, as experienced abuse attorneys are better equipped to navigate the complexities of the legal system and negotiate higher settlements for victims.
West Virginia Sex Abuse Verdicts & Settlement
Below are verdicts and settlements from recent West Virginia sexual abuse lawsuits.
- $4,500,000 Settlement: 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, sexually molested them. The plaintiffs further contended that the school district failed to ensure its schools properly hired, trained, and supervised their employees with access to minor students, failed to prevent the sexual abuse of its students, and failed to provide a safe environment for its students.
- $20,500 Verdict: A minor female suffered emotional distress when she was molested by another minor while they were under the care of the defendant day care center. The minor nonparty stuck a pen into the plaintiff’s rectum. The plaintiff contended that the defendant was negligent in failing to proper supervise and leaving the minors unattended.
- $5,350,000 Verdict: A 23-year-old female alleged that she was sexually molested by the male defendant physician at a nonparty medical facility where she presented with complaints of a possible kidney stone. The plaintiff contended that the defendant’s actions were malicious with the intent to harm, that he negligently put his hand down her pants, and that he failed to provide the proper standard of care. The defendant denied liability and disputed the extent of the plaintiff’s injuries. The plaintiff’s spouse filed a claim for loss of services and received an award.
- Confidential Settlement: The Catholic Diocese of Wheeling-Charleston reached a confidential settlement with a former alter boy who alleged that he was sexually assaulted by ex-Bishop Michael Bransfield. This was not the first time Bransfield had been accused of sexual abuse.
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.