Child sexual abuse (CSA) is a heinous crime that leaves lifelong scars on survivors. Recognizing the significance of providing justice to survivors,the state of New Jersey has implemented laws regarding the statute of limitations (SOL) for CSA claims. In this blog post,we will delve into the specifics of the SOL in New Jersey,including recent changes and provisions aimed at ensuring accountability and support for survivors.
We consulted attorney Brian Kent from Abuse Guardians,who is the New Jersey abuse guardian representing survivors of sexual abuse,regarding the statute of limitations on Child Sexual abuse in New Jersey for this article.
Civil SOL Snapshot
In New Jersey,the civil SOL for CSA claims against all defendants is capped at age fifty-five or seven years after discovering an injury caused by the abuse,even for claims that were already expired. This means that survivors have until the age of fifty-five or seven years after discovering the injury to file a civil lawsuit for CSA,regardless of when the abuse occurred.
Revival Up to Age 55
To address the injustices faced by survivors whose claims had previously expired,New Jersey introduced a revival law in 2019. This law revived expired CSA claims until a survivor reaches the age of fifty-five. Additionally,a two-year revival window was opened from December 1,2019,to November 30,2021,allowing survivors to file claims against all defendants,including those who were responsible for abuse during adulthood.
Liability Limitations
The State of New Jersey is not immune to claims arising from CSA,and a notice of claim is not required to pursue legal action. Furthermore,the state can be held liable for punitive damages,recognizing the severity of CSA and the need for appropriate consequences.
In 2019,New Jersey abolished its charitable immunity doctrine for past,present,and future CSA claims. This means that charitable institutions can be held accountable for the harm caused by their employees or agents in cases of CSA.
Other Tolling Theories and Causes of Action In addition to the SOL provisions,there are tolling theories and causes of action that can extend the timeframe for filing CSA claims in New Jersey.
Duress: The SOL may be tolled if the survivor can demonstrate that they were under duress,which prevented them from coming forward with their claims
Extended Age Cap
In 2019,the age cap was extended to 55,granting survivors more time to pursue legal action. Also,in 2019,the revival law was enacted,allowing expired CSA claims to be revived until a survivor reaches the age of 55. The two-year revival window from December 2019 to November 2021 provided an opportunity for survivors to file claims that would otherwise be time-barred.
Discovery in Child Sexual Abuse Lawsuits.
New Jersey recognizes both a common law and a statutory discovery rule for CSA claims.
Common Law
Under the common law discovery rule,the SOL begins when the survivor discovers,or through reasonable diligence,should have discovered the basis for an actionable claim.
Statutory Discovery Rule
In 1992,New Jersey enacted a statutory discovery rule specifically for CSA claims. It allows survivors to bring a claim within two years of discovering the injury and its causal relationship to the act of sexual abuse. Importantly,the discovery is assessed from the perspective of the survivor,considering the unique challenges they face in disclosing the abuse.In 2019,the statutory discovery rule was extended to seven years from the date of discovery,even if a survivor’s claims had previously expired. This extension recognizes the complexities surrounding CSA and the time it may take survivors to come forward and seek justice.
Conclusion
The statute of limitations for child sexual abuse in New Jersey has evolved over time to better support survivors in seeking justice. The introduction of an extended age cap,revival law,and an expanded discovery rule demonstrates the state’s commitment to holding perpetrators accountable and providing survivors with the opportunity to seek compensation and closure. It is crucial for survivors,their families,and the community to be aware of these legal provisions and to ensure that survivors receive the support and justice they deserve.