S. 3815 — Virginia's Law

This section establishes a civil remedy in federal district court (18 U.S.C. Ch. 109A) for victims of sexual abuse offenses to sue perpetrators or those who knowingly benefit financially from such violations for damages and reasonable attorneys' fees. Civil actions are stayed during any related criminal proceedings (including investigation and prosecution until final adjudication), with a statute of limitations of 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—and no time limit for violations of 18 U.S.C. §§2241 (aggravated sexual abuse), 2242 (sexual abuse), or 2243 (sexual abuse of a minor or ward). (As background, chapter 109A criminalizes a range of federal sexual abuse crimes occurring within U.S. special maritime/jurisdictional territory or involving federal prisoners/wards.) This section also establishes an identical civil remedy in federal district court (18 U.S.C. Ch. 117) for victims of transportation for illegal sexual activity, with the same stay, damages, attorneys' fees, and statute of limitations provisions—and no time limit for violations of 18 U.S.C. §§2421 (transportation for prostitution), 2422 (coercion and enticement), or 2423 (transportation of minors). (As background, chapter 117—known as the Mann Act—criminalizes interstate/international transport for prostitution or other illegal sexual activity.)

This section amends the civil remedy provision for victims of human trafficking offenses (18 U.S.C. 1595) by (1) expanding venue for civil actions from an appropriate U.S. district court to any district court with jurisdiction over a related criminal prosecution arising from the same conduct or occurrence; and (2) eliminating the statute of limitations for actions related to violations of forced labor (18 U.S.C. 1589), debt bondage trafficking (1590), or sex trafficking (1591) (thus, no time limit from the prior 10 years after the cause arose or the victim turns 18 if a minor at the time of the offense), while retaining the prior limit for other violations of the chapter subject to this exception.

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 the prior 10-year statute of limitations in 18 USC 1595(c) and (2) any claim or action arising on or after the date of enactment. It further provides a one-year period beginning on the date of enactment to commence "covered actions," defined to include (1) civil actions under new civil remedy provisions at 18 USC 2249 (civil action for sexual abuse offenses) or 2430 that could have been brought the day before enactment if those sections had been in effect and (2) civil actions under 18 USC 1595(a) relating to violations of forced labor (1589), trafficking for peonage or slavery (1590), or sex trafficking (1591) that were barred or dismissed under the prior 18 USC 1595(c). (Thus, this revives certain previously time-barred claims for victims of these trafficking-related offenses.)