Empowering Survivors: How Virginia’s 2025 Law Expands Employer Liability in Sexual Assault Cases

At Toscano Law Group, we represent survivors of sexual assault, sexual harassment, and institutional abuse throughout Virginia. Our mission is to help victims find justice and hold not just individuals — but also employers and institutions — accountable for their failure to protect those in their care. That’s why our team  participated in a Virginia Trial Lawyers Association (VTLA) training titled Empowering Survivors: Techniques for Seeking Justice for Victims of Sexual Assault. The conference focused on one of the most important developments in Virginia civil law in years: Employer Liability under Virginia Code § 8.01-42.6, a new statute that reshapes how victims can pursue civil justice for sexual assault and abuse.

Understanding Virginia Code § 8.01-42.6 — Employer Liability for Sexual Assault and Abuse

The 2025 law allows a victim — defined as a “vulnerable victim” — to sue an employer for the wrongful acts of its employee when certain conditions are met. A jury can now find an employer vicariously liable if:

1. The employee’s misconduct occurred while they were reasonably likely to be in contact with the vulnerable victim.
2. The employer failed to exercise reasonable care to prevent or control that employee’s harmful conduct.
3. The employer knew or should have known of their ability to control the employee.
4. The employer knew or should have known of the necessity and opportunity to exercise that control.

This change means Virginia survivors now have a stronger legal basis to hold negligent employers accountable for failing to prevent sexual assault or abuse committed by their employees.

Who Qualifies as a “Vulnerable Victim”?

The new statute broadens the definition of who may be considered a “vulnerable victim.” Under Virginia Code § 8.01-42.6(B), a vulnerable victim is anyone at a “substantial disadvantage” relative to an employee due to physical, mental, or situational factors.

The law specifically includes:

• Patients of healthcare providers (hospitals, clinics, or nursing homes)
• Persons under legal disability
• Residents of assisted living facilities
• Passengers of common carriers or non-emergency medical transportation services
• Clients of massage therapy or esthetics businesses

This broad definition ensures protection for those who rely on others for transportation, healthcare, or personal care — industries where abuse of trust can be devastating.

Why This Matters for Survivors

For survivors of sexual assault in Virginia, this law represents real progress. It acknowledges that employers can share responsibility when their inaction or negligence allows an employee to harm a vulnerable person. This means more victims can now pursue civil claims for damages not only against the abuser but also against the employer who failed to prevent the abuse — providing a path to both accountability and compensation.

Why It Matters for Employers

For employers — particularly those in healthcare, transportation, and personal services — the law sends a clear message: you have a duty to properly screen, train, and supervise your employees, and to act on warning signs. Failure to do so could expose your business to civil liability if an employee harms someone in your care.

How Toscano Law Group Helps Victims of Sexual Assault and Institutional Negligence

Toscano Law Group’s attorneys are experienced in handling sexual assault, harassment, and institutional negligence cases across Virginia. We understand the sensitivity of these cases and fight for justice with both compassion and skill. If you or someone you love has been the victim of sexual assault by an employee of a healthcare provider, transportation service, or other organization, you may have a claim against the employer under Virginia’s new law.

Contact us today for a confidential consultation with a Virginia sexual assault lawyer. We will review your case, explain your rights, and help you take the next steps toward justice.

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