Changes to Childhood Sexual Abuse Laws in New Jersey and Pennsylvania
New Jersey and Pennsylvania have implemented changes to their laws, aiming to provide greater justice and healing for survivors of childhood sexual abuse. These legal reforms are poised to have far-reaching effects on the lives of survivors, the responsibilities of institutions, and the overall societal approach to addressing and preventing childhood sexual abuse.
At Chance & McCann, our team of attorneys are deeply familiar with these changes and provide dedicated legal representation for survivors of sexual abuse in New Jersey and Pennsylvania.
New Jersey’s Extended Statute of Limitations
One of the most critical changes in New Jersey’s new legislation is the extension of the statute of limitations for filing civil suits related to childhood sexual abuse. Previously, survivors had a limited window to seek legal recourse, often closing before they were ready to come forward.
Recognizing the long-lasting and deeply personal nature of trauma, the state has now extended this period. Survivors can now file claims until they reach 55 years of age or within 7 years of discovering the abuse, whichever is later.
Pennsylvania’s Extended Statute of Limitations
Meanwhile, in 2019, for childhood sexual abuse cases in Pennsylvania that occurred after January 1, 2019, the statute of limitations has been extended significantly. Victims now have until their 55th birthday to file a civil lawsuit. If the victim was between 18-24 years old at the time of the abuse, they have until their 30th birthday to initiate legal action.
However, for childhood sexual abuse cases that occurred before January 1, 2019, the rules are more restrictive. The general statute of limitations was a 2-year period which starts from the victim’s 18th birthday. With this, a proposed change, aiming to extend and possibly include a look-back window, would provide a significant step toward justice for many who have long been silenced by the constraints of outdated laws.
Increased Accountability for Institutions – Pass the Trash Legislation
The legal changes also place greater responsibility on institutions that failed to protect children from abuse. Schools, religious organizations, and other institutions can now be held liable for failing to prevent or address abuse.
In New Jersey, “Pass the Trash” legislation is aimed at preventing schools from passing on information about educators accused of sexual misconduct to other schools. According to the legislation, a “school entity” typically includes public schools, charter schools, and nonpublic schools within the state. This encompasses any institution providing education services to students in New Jersey, regardless of whether it’s publicly or privately funded. Additionally, it may also extend to entities such as school districts, school boards, and educational service commissions operating within the state.
Pennsylvania has legislation similar to New Jersey’s “Pass the Trash” laws. This type of legislation is aimed at preventing individuals who have been accused or found guilty of child abuse from moving from one school district to another without their new employer being aware of their history.
In Pennsylvania, this legislation is commonly referred to as the “Pass the Trash” law or the “Passing the Trash” law. 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.
The specific provisions of Pennsylvania’s “Pass the Trash” law may vary, but its primary goal is to require school districts and other educational institutions to conduct thorough background checks on prospective employees, including inquiries into any history of child abuse or neglect allegations. Additionally, the law may require school districts to disclose certain information about allegations of child abuse or misconduct to potential future employers during the hiring process.
This shift underscores the importance of institutional accountability and the need for robust safeguarding measures. By holding these entities accountable, New Jersey and Pennsylvania are sending a clear message that protecting children from abuse is a paramount duty, and negligence will not be tolerated.
Broader Implications for Society
These legal reforms have implications beyond the courtroom. By extending the statute of limitations and opening the revival window, Pennsylvania and New Jersey are fostering a culture that supports and believes in survivors. This can encourage more individuals to come forward, share their stories, and begin their healing journey. It also raises public awareness about the prevalence and impact of childhood sexual abuse, promoting preventative measures and community support systems.
Furthermore, the increased accountability for institutions serves as a deterrent, encouraging organizations to implement more stringent policies and practices to protect children. This proactive approach can lead to safer environments where children can thrive without fear of abuse.
Challenges and Criticisms
While the changes in Pennsylvania and New Jersey’s laws are largely seen as positive, they are not without challenges and criticisms.
Some argue that extended statutes of limitations can lead to difficulties in gathering evidence and ensuring fair trials, as memories fade and witnesses become harder to locate over time. Institutions, particularly those facing a surge of historical claims, may also experience financial and operational strains.
However, proponents of the reforms argue that the benefits far outweigh these challenges. Providing survivors with a pathway to justice and holding perpetrators and negligent institutions accountable is essential for societal healing and the prevention of future abuse.
Conclusion
New Jersey and Pennsylvania’s changes to childhood sexual abuse laws represent a significant step forward in supporting survivors and enhancing protections against abuse. With the extended statute of limitations, a revival window for time-barred claims, and increased institutional accountability, the state continues to make a powerful statement about the importance of justice, healing, and prevention.
These legislative changes reflect a broader trend toward recognizing the long-term impacts of childhood sexual abuse and ensuring that survivors have the time and support they need to seek justice. If you or someone you know is facing allegations related to childhood sexual abuse, it’s important to handle these matters with the utmost sensitivity.
Contact Chance & McCann for a free consultation. We have attorneys licensed in New Jersey and Pennsylvania who are here to ensure that your rights are protected at every step.