H.R. 7467 — Virginia’s Law

This section establishes a civil remedy (new 18 U.S.C. § 2249) for victims of federal sexual abuse offenses (chapter 109A, i.e., §§ 2241 et seq., covering aggravated sexual abuse, sexual abuse, and sexual abuse of a minor or ward). Victims may sue the perpetrator or anyone who knowingly benefits financially from the violation in the U.S. district court with criminal jurisdiction over the conduct, recovering damages and reasonable attorneys' fees; such actions are stayed during any related criminal proceeding (including investigation, through final trial court adjudication) and generally must be filed within the later of 10 years after the cause arose or 10 years after the victim reaches 18 years of age (if a minor at the time), with no time limit for violations of §§ 2241, 2242, or 2243. This section establishes a parallel civil remedy (new 18 U.S.C. § 2430) for victims of transportation for illegal sexual activity and related crimes (chapter 117, i.e., Mann Act offenses under §§ 2421 et seq., prohibiting interstate transport for prostitution or sexual activity, coercion, and transport of minors). Victims may sue the perpetrator or anyone who knowingly benefits financially from the violation in the U.S. district court with criminal jurisdiction over the conduct, recovering damages and reasonable attorneys' fees; such actions are stayed during any related criminal proceeding (including investigation, through final trial court adjudication) and generally must be filed within the later of 10 years after the cause arose or 10 years after the victim reaches 18 years of age (if a minor at the time), with no time limit for violations of §§ 2421, 2422, or 2423.

This section revises the civil remedy for victims of human trafficking offenses (18 U.S.C. 1595) by (1) expanding venue from an appropriate U.S. district court to any U.S. district court with jurisdiction to hear a related criminal prosecution arising out of the same conduct or occurrence; and (2) eliminating the statute of limitations for civil actions related to violations of forced labor (18 U.S.C. 1589), trafficking with respect to peonage, slavery, involuntary servitude, or human trafficking (18 U.S.C. 1590), or sex trafficking (18 U.S.C. 1591) (previously, the later of 10 years after the cause of action arose or 10 years after the victim reaches 18 years of age if a minor at the time of the offense).

This section establishes the applicability of this Act and its amendments to (1) any claim or action that, as of the date of enactment, would not have been barred under section 1595(c) (i.e., the 10-year statute of limitations, or 10 years after a minor victim reaches age 18); and (2) any claim or action arising on or after the date of enactment. It further provides a one-year filing window from the date of enactment for "covered actions," which include (1) civil actions that could have been brought the day before enactment under new sections 2249 or 2430 if those sections had then been in effect; and (2) civil actions under section 1595 relating to violations of sections 1589 (forced labor), 1590 (trafficking with respect to peonage, slavery, involuntary servitude, or forced labor), or 1591 (sex trafficking) that were barred or dismissed under prior section 1595(c). (Thus, this revives certain previously time-barred civil claims by trafficking victims for one year.)