Virginia Code

Va. Code Ann. § 65.2-301 (2026)

Victims of sexual assault

✓ current as of May 2026

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A. Any employee who, in the course of employment, is sexually assaulted, as defined in §§ 18.2-61, 18.2-67.1, 18.2-67.3, or § 18.2-67.4, and promptly reports the assault to the appropriate law-enforcement authority, where the nature of such employment substantially increases the risk of such assault, upon a proper showing of damages compensable under this title, shall be deemed to have suffered an injury arising out of the employment and shall have a valid claim for workers' compensation benefits.

B. Notwithstanding the provisions of this title, an employee who is sexually assaulted and can identify the attacker may elect to pursue an action-at-law against the attacker, even if the attacker is the assaulted employee's employer or co-employee, for full damages resulting from such assault in lieu of pursuing benefits under this title, and upon repayment of any benefits received under this title.

C. Nothing in this title shall create a remedy for sexual harassment nor shall this title bar any action at law, that might otherwise exist, by an employee who is sexually harassed.

1982, c. 303, § 65.1-23.1; 1986, c. 395; 1988, c. 635; 1991, c. 355; 1992, c. 469.

Notes of Decisions

Cited in 23 cases (2 in the last 5 years), 1992–2025 · leading case: Butler v. S. States Co-op., Inc., 620 S.E.2d 768 (Va. 2005).

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Butler v. S. States Co-op., Inc., 620 S.E.2d 768 (Va. 2005). · cites it 8× “Based on the facts as alleged in the motion for judgment, the trial court ruled that the employee's common-law action is barred by the exclusivity provision of the Workers' Compensation Act provided by Code § 65.”

Carr v. City of Norfolk, 422 S.E.2d 417 (Va. Ct. App. 1992). · cites it 8× “The sole issue is whether the commission correctly determined that Carr did not suffer an injury “arising out of’ her employment pursuant to the provisions of Code § 65.2-301. For the reasons that follow, we affirm the decision of the commission.”

Hartman v. Retailers & Mfrs. Distrib. Marking Serv., Inc., 929 F. Supp. 2d 581 (W.D. Va. 2013). · cites it 13× “In support, the defendants point to Va. Code § 65.2-301, which deals specifically with workplace sexual assaults.”

Fox v. Rich Prods. Corp., 34 Va. Cir. 403 (Winchester Cir. Ct. 1994). · cites it 12× “Consequently, legislation affecting the forum within which an action can be brought after it accrues is procedural or remedial, and Virginia Code § 65.2-301 (C) applies to all of this case, even to those rights of action which accrued prior to July 1, 1992.”

M.G. v. Albemarle Cnty. Dep't of Soc. Servs., 583 S.E.2d 761 (Va. Ct. App. 2003). “)"); § 65.2-301 (providing possibility of recovering workers’ compensation for an "employee who in the course of employment, is sexually assaulted, as defined in §§ 18.”

Johnson v. Behsudi, 52 Va. Cir. 533 (Fairfax Cir. Ct. 1997). · cites it 4× “2d 394 (1994), as well as the unambiguous language of Virginia Code § 65.2-301(B). In Middlekauff , the Court rejected the argument that Code § 65.”

Hygh v. Geneva Enter., Inc., 47 Va. Cir. 569 (Fairfax Cir. Ct. 1997). · cites it 6× “Furthermore, defendant cites Va. Code § 65.2-301(A) of the Act as a possible remedy for Plaintiff’s injury.”

Anderson v. Save-A-Lot, Ltd., 989 S.W.2d 277 (Tenn. 1999). “Va.Code Ann. § 65.2-301(A) (emphasis added).”

Hott v. VDO Yazaki Corp., 922 F. Supp. 1114 (W.D. Va. 1996). “This possibility is enhanced by the language in § 65.2-301 which, in a workmen’s compensation context, specifically states that “Nothing in this title shall create a remedy for sexual harassment nor shall this title bar any action at law, that might otherwise exist, by an…”

Morgan v. MDC Holdings, Inc., 54 Va. Cir. 45 (Fairfax Cir. Ct. 2000). · cites it 17× “Va. Code § 65.2-301. With respect to the alleged infliction of emotional distress by management personnel of the defendant corporations in the form of their responses to her reports of sexual assault and their course of dealings with her after the alleged assaults, Ms.”

Beardsley v. Isom, 828 F. Supp. 397 (E.D. Va. 1993). “§ 65.2-301(C). Thus, the only actionable part of the plaintiff's intentional infliction of emotional distress claim is what occurred after July 1, 1992.”

Flanary v. Roanoke Valley Soc'y for the Prevention of Cruelty to Animals, 53 Va. Cir. 134 (Roanoke County Cir. Ct. 2000). “This assertion was also addressed in this Court’s March 3, 1999, letter opinion: The argument of the Defendant under its special plea in bar, that the Plaintiff’s sole remedy for assault and battery arises under the workers’ compensation laws of this Commonwealth, is defeated by…”

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— Va. Code Ann. § 65.2-301(A) — 5 cases

Hygh v. Geneva Enter., Inc., 47 Va. Cir. 569 (Fairfax Cir. Ct. 1997). “Furthermore, defendant cites Va. Code § 65.2-301(A) of the Act as a possible remedy for Plaintiff’s injury.”

Anderson v. Save-A-Lot, Ltd., 989 S.W.2d 277 (Tenn. 1999). “Va.Code Ann. § 65.2-301(A) (emphasis added).”

Hartman v. Retailers & Mfrs. Distrib. Marking Serv., Inc., 929 F. Supp. 2d 581 (W.D. Va. 2013). “In support, the defendants point to Va. Code § 65.2-301, which deals specifically with workplace sexual assaults.”

Sw. Virginia Mental Health Inst. v. Sheila Mae Wright (Va. Ct. App. 2006).

Anderson v. Save-A-Lot Ltd., 989 S.W.2d 272 (Tenn. 1999).

— Va. Code Ann. § 65.2-301(B) — 4 cases

Johnson v. Behsudi, 52 Va. Cir. 533 (Fairfax Cir. Ct. 1997). “2d 394 (1994), as well as the unambiguous language of Virginia Code § 65.2-301(B). In Middlekauff , the Court rejected the argument that Code § 65.”

Fox v. Rich Prods. Corp., 34 Va. Cir. 403 (Winchester Cir. Ct. 1994). “Consequently, legislation affecting the forum within which an action can be brought after it accrues is procedural or remedial, and Virginia Code § 65.2-301 (C) applies to all of this case, even to those rights of action which accrued prior to July 1, 1992.”

Morgan v. MDC Holdings, Inc., 54 Va. Cir. 45 (Fairfax Cir. Ct. 2000). “Va. Code § 65.2-301. With respect to the alleged infliction of emotional distress by management personnel of the defendant corporations in the form of their responses to her reports of sexual assault and their course of dealings with her after the alleged assaults, Ms.”

C.K. v. Inova Health Care Servs., d/b/a Inova Fairfax Hosp. (Va. Ct. App. 2024).

— Va. Code Ann. § 65.2-301(C) — 3 cases

Inova Health Sys. v. Nha-Uyen Nguyen (Va. Ct. App. 2025).

Beardsley v. Isom, 828 F. Supp. 384 (E.D. Va. 1993).

— Va. Code Ann. § 65.2-301(c) — 1 case

Allen v. Seventy-Seven Acres, 48 Va. Cir. 318 (Rockingham Cir. Ct. 1999).

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