65.2-301 - Victims of sexual assault. - Virginia Statutes

§ 65.2-301. Victims of sexual assault.

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

B. Notwithstanding the provisions of this title, an employee who is sexuallyassaulted and can identify the attacker may elect to pursue an action-at-lawagainst the attacker, even if the attacker is the assaulted employee'semployer or co-employee, for full damages resulting from such assault in lieuof pursuing benefits under this title, and upon repayment of any benefitsreceived under this title.

C. Nothing in this title shall create a remedy for sexual harassment norshall this title bar any action at law, that might otherwise exist, by anemployee who is sexually harassed.

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