Jane Doe v. Joseph Robert Green, Jr.

Summary

The Supreme Court of Virginia affirmed the dismissal of Jane Doe’s claims for injuries arising from a sexual relationship with Joseph Robert Green, Jr., holding that the claims were barred by the applicable statute of limitations. The Court held that Doe waived her argument for retroactive application of the 2021 amendment to Virginia Code § 8.01-249(6) and that the 1995 constitutional amendment authorized, but did not require, retroactive application. Applying the 2005 accrual statute, the Court concluded from Doe’s pleadings that she knew of her mental injury and its causal connection to the relationship before reaching majority.

Holdings

1. Doe waived her argument that Code § 8.01-1 independently required retroactive application of the 2021 Accrual Statute because she did not raise that argument in the circuit court or in her opening brief in the Court of Appeals.
2. The 2021 version of Code § 8.01-249(6) does not apply retroactively because it contains no express legislative manifestation of retroactive intent, and the 1995 amendment to Article IV, § 14 of the Constitution of Virginia merely authorized the General Assembly to provide for retroactivity; it did not require retroactivity.
3. Doe's claims accrued when she reached eighteen because the allegations in her complaint established that, before reaching majority, she knew both that the relationship was improper and that it negatively affected her mental health.

Questions Presented

1. Whether the 2021 amendment to Virginia Code § 8.01-249(6) applied retroactively to Doe's claims.
2. Whether Doe waived reliance on Virginia Code § 8.01-1 by failing to raise that argument in the circuit court or in her opening brief in the Court of Appeals.
3. Whether, under the 2005 accrual statute, Doe knew of an injury and its causal connection to the sexual relationship before reaching the age of majority, causing the limitations period to begin when she turned eighteen.

Disposition

affirmed