New Jersey’s Childhood Sexual Abuse Statute of Limitations: What You Need to Know
New Jersey has made significant strides to address the issue of childhood sexual abuse, recognizing the lifelong impact it can have on survivors. One of the most important changes has been the expansion of New Jersey’s childhood sexual abuse statute of limitations (SOL) – the time limit within which a victim can file a lawsuit.
Understanding the Statute of Limitations
The SOL is a legal deadline that varies depending on the nature of the claim. It’s crucial to understand these deadlines, as failing to file a claim within the specified time can bar one from pursuing legal action.
Victims can file lawsuits against their abusers up to the age of 55 or within 7 years from the date they acknowledge the abuse. This provides a substantial window compared to many other jurisdictions, reflecting an understanding of the often-delayed recognition and reporting of childhood sexual abuse.
The changes were significantly motivated by the need to address the extended and often undisclosed trauma associated with childhood sexual abuse. This legislative shift was part of a broader societal acknowledgment of sexual abuse crises, such as those revealed in major institutional scandals.
Why These Changes Matter
The expansion of New Jersey’s childhood sexual abuse statute of limitation is a crucial step toward justice and accountability for survivors of childhood sexual abuse. It gives survivors a longer window of opportunity to seek compensation for their pain and suffering.
Research shows that a significant percentage of child sexual abuse occurs through organizations that serve youth and children, including schools, churches, sports clubs, and others. According to a 2004 U.S. Department of Education report, an estimated 1 in 10 students will experience school employee sexual misconduct by the time they graduate from high school. Predators seek employment with these organizations because it allows them access to children and the opportunity to groom possible victims. Of note, rampant sexual abuse by the Catholic Church in our region was revealed on August 13, 2018, uncovering decades of allegations of child sex abuse at the hands of more than 300 priests. Some of the most infamous cases of child sexual abuse have taken place through youth-serving organizations, including the Catholic Church, Penn State University and Jerry Sandusky’s Foundation, Boy Scouts of America, US Swim Clubs, and public schools across the country.
Clearly, organizations in New Jersey serving children and youth have a duty to take reasonable, necessary and appropriate steps to protect children and youth from child sexual predators. In 2018, the New Jersey legislature passed the popularly named “Pass the Trash” law, which required more strenuous background checks relating to child abuse and sexual misconduct for school teachers and staff at educational facilities across the state. It was enacted to address concerns about school districts allowing employees accused of child abuse to resign quietly, without disclosing the allegations to future employers. This practice could enable individuals with a history of child abuse to continue working with children in other school districts.
Since the “pass the trash” law went into effect, over a dozen teachers, school administrators, or school employees have been arrested and convicted on various sex-related crimes involving students. Some of the offenses that educators have been charged with or convicted for include:
- Rape
- Sexual assault
- Criminal sexual contact
- Possession or creation of child pornography
- Endangering the welfare of a child
- Luring
- Official misconduct
These charges stem from a wide variety of conduct committed by these individuals, including installing hidden cameras in bathrooms, photographing students, sexually assaulting students as young as elementary school age, forcing or luring students to perform sexual acts, sending nude photos to students, or engaging in sexual relationships with students.
If you are a survivor of sexual abuse contact us today for a confidential consultation to discuss your situation and explore your legal avenues.