U.S. VIRGIN ISLANDS

CHILD SEX ABUSE SOLs

Historical CSA SOL Treatise

CHILD USA has diligently tracked SOL Reform in all 50 states for years! We have the answer to your state-specific SOL questions. Our Legal team has compiled your go-to resource book to get started on your SOL legal research, available in e-book or hard cover versions.

When you add CHILD USA’s CSA SOL History Treatise to our 2024 SOL Tracker, you have robust research to back up your investigation into the SOL for each client.

CURRENT CIVIL SOL

CSA: The SOL for CSA claims against all defendants is age 23 with a 2-year discovery rule.

Trafficking: The SOL for trafficking claims is age 28 or 10 years after the victim is no longer subject to human trafficking, whichever is later.

CSAM: The SOL for CSAM claims against all defendants is age 23.

CIVIL SOL SNAPSHOT

AGE CAP

CSA: Age 23

Trafficking: Age 28

CSAM: Age 23

REVIVAL LAW

None

DISCOVERY TOLLING

2 Years

 

CURRENT U.S. VIRGIN ISLANDS CIVIL LAW

V.I. Code Ann. tit. 5, § 31(5)(a) (SOL)
(a) Civil actions shall only be commenced within the periods prescribed below after the cause of action shall have accrued, except when, in special cases, a different limitation is prescribed by statute:
(1) Twenty years-
(A) Actions for the recovery of real property, or for the recovery of the possession thereof; and no action shall be maintained for such recovery unless it shall appear that the plaintiff, his ancestor, predecessor, or grantor was seized or possessed of the property in question within twenty years before the commencement of the action.
(B) An action upon a judgment or decree of any court of the United States, or of any State, Commonwealth, or Territory within the United States.
(C) An action upon a sealed instrument.
(2) Ten years-
(A) An action for any cause not otherwise provided for in this section.
(3) Six years-
(A) An action upon a contract or liability, express or implied, excepting those mentioned in paragraph (1)(C) of this section.
(B) An action upon a liability created by statute, other than a penalty or forfeiture.
(C) An action for waste or trespass upon real property.
(D) An action for taking, detaining, or injuring personal property, including an action for the specific recovery thereof.
(4) Three years-
(A) An action against a marshal, peace officer or coroner, upon a liability incurred by the doing of an act in his official capacity or in virtue of his office; or by the omission of an official duty, including the nonpayment of money collected upon an execution; but this provision shall not apply to an action for an escape.
(B) An action upon a statute for penalty or forfeiture, where the action is given to the party aggrieved, or to such party and the Government of the Virgin Islands, except where the statute imposing it prescribes a different limitation.
(5) Two years-
(A) An action for libel, slander, assault, battery, seduction, false imprisonment, or for any injury to the person or rights of another not arising on contract and not herein especially enumerated, or to set aside a sale of real property for non-payment of real property taxes pursuant to Title 33, chapter 89, subchapter III of this Code.
(B) An action upon a statute for a forfeiture or penalty.
(6) One year-
(A) An action against the sheriff, peace officer, or other officer for the escape of a person arrested or imprisoned on civil process.
(b) Motion for preference; elderly; medical reasons; time of trial
(1) A party to a civil action who is over 70 years of age or older may petition the court for a preference, which the court shall grant if it finds that the party has a substantial interest in the action as a whole.
(2) A party to a civil action who is over 65 years of age or older may petition the court for a preference, which the court shall grant if the court makes both of the following findings:
(A) The party has a substantial interest in the action as a whole; and
(B) The health of the party is such that a preference is necessary to prevent prejudicing the party’s interest in the litigation.
(3) In its discretion, the court may also grant a motion for preference that is accompanied by clear and convincing medical documentation that concludes that the movant, who is a party, suffers from an illness or condition raising substantial medical doubt of survival of that party beyond six months, and that satisfies the court that the interests of justice will be served by granting the preference.
(4) Upon the granting of such a motion for preference for an elderly party, the court shall set the matter for trial not more than 180 days from that date that the elderly party moves for preference. There shall be no continuance beyond 180 days from the granting of the motion for preference except for physical disability of a party or a party’s attorney, or upon a showing of good cause stated in the record. Any continuance shall be for no more than 30 days and no more than one continuance for physical disability may be granted to any party.
(5) Upon the granting of such a motion for preference for a terminally ill party, the court shall set the matter for trial not more than 90 days from that date that the terminally ill party moves for preference and there shall be no continuance beyond 90 days from the granting of the motion for preference except for a physical disability of a party or a party’s attorney, or upon a showing of good cause stated in the record. Any continuance shall be for no more than 30 days and no more than one continuance for physical disability may be granted to any party.
(6) Unless the court otherwise orders:
(A) A party may file and serve a motion for preference supported by a declaration of the moving party that all essential parties have been served with process or have appeared.
(B) At any time during the pendency of the action, a party who reaches 70 years of age may file and serve a motion for preference.
(C) At any time during the pendency of the action, a party who is diagnosed as terminally ill with less than six (6) months to live may file and serve a motion for preference.
V.I. Code Ann. tit. 5, § 36(a)(1) (minority tolling)
(a) If any person entitled to bring an action mentioned in this chapter is, at the time the cause of action accrues-
(1) under the age of twenty-one years; or
(2) insane; or
(3) imprisoned on a criminal charge, or in execution under sentence of a court for a term less than his natural life-
the time of such disability shall not be a part of the time limited for the commencement of the action, but the period within which the action shall be brought shall not be extended in any case longer than two years after such disability ceases.
(b) No person shall avail himself of a disability unless it existed when his right of action accrued.
(c) When two or more disabilities exist at the time the right of action accrues the limitation shall not attach until all such disabilities are removed.
Case law

Cintron v. Bermudez, 6 V.I. 692, 693 (D.V.I. July 26, 1968).

Santiago v. Virgin Islands Hous. Auth., 57 V.I. 256, 273 (V.I. 2012) (articulating discovery rule standard)

CURRENT CRIMINAL SOL

CSA: There is no SOL for felony sexual offenses. The SOL is 3 years from the offense for any remaining felonies and 1 year from the offense for misdemeanors.

Trafficking: There is no SOL for sex trafficking.

CSAM: There is no SOL for CSAM violations.

CRIMINAL SOL SNAPSHOT

 

CSA

NO SOL

TRAFFICKING

NO SOL

CSAM

NO SOL

 

CURRENT US VIRGIN ISLANDS CRIMINAL LAW

V.I. Code Ann. tit. 5, § 3541(a)(1) (SOL)
(a) A criminal action shall be commenced within the following periods:
(1) For murder, felony child abuse, felony child neglect, any felony sexual offense perpetrated against a victim, human trafficking, embezzlement of public moneys, and the falsification of public records, there is no limitation of the time within which a prosecution shall be commenced.
(2) For any felony other than specified above, action shall be commenced with three years after its commission.
(3) For any misdemeanor, action shall be commenced within one year after its commission.
(b) If the defendant is out of the Virgin Islands when the offense is committed, the information may be filed within the term herein limited after his coming within the Virgin Islands, and no time during which the defendant is not an inhabitant of, or usually resident within, the Virgin Islands is a part of the limitation.
(c) Nothing in this section extends to persons fleeing from justice.
Case Law

The information provided is solely for informational purposes and is not legal advice. To determine the SOL in a particular case, contact a lawyer in the state.

Last Updated: December 19, 2023