The Ex Post Facto provision is an interesting example of how the
Virginia Supreme Court has chosen to define a provision in the Virginia
Constitution that is identical to a provision in the Federal
Constitution in a way different than the U.S. Supreme Court interprets
the Federal Constitution.
By this I mean that the Virginia Constitution is interpreted to
prohibited ex post facto extension of civil liability. Thus in law where
congress can create hundreds of billions of dollars in retroactive
liability (see CERCLA) with the passage of a law. Virginia could not
revive dead molestation actions by act of the general assembly. (they
got a special constitutional amendment passed on this issue though).
Thus you are in good company in having though ex post
facto would cover civil liability as well as criminal.
T. Gregory Evans
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