Survivors of child sexual abuse and assault bear invisible wounds that often take tremendous courage to confront. Our dedicated team acknowledges the bravery of every survivor who steps forward. We are committed to offering a clear understanding of the legal framework they encounter. One pivotal aspect of this landscape is the statute of limitations. This guide aims to elucidate the statute of limitations in New Jersey concerning child sexual abuse and assault.
Eric Weitz, Esq.
Sexual Assault Lawyer
Cherry Hill, New Jersey 08002
The statute of limitations refers to the specified period within which a victim or survivor can legally bring forth a lawsuit. This time limit can vary based on the crime and the jurisdiction. Once this time period has elapsed, the legal system typically prohibits any lawsuit pertaining to the incident.
New Jersey has been at the forefront of reforming its laws to ensure survivors of child sexual abuse and assault are given ample time to seek justice. Here's an overview:
Child Sexual Abuse:
New Jersey enacted a law in 2019 that allows victims of child sexual abuse to file a lawsuit until they reach the age of 55 or within 7 years from the time they became aware of the abuse, whichever comes later.
As for criminal prosecutions, there's no statute of limitations. This means that no matter how many years have passed, the state can still file charges against the perpetrator.
Adult Sexual Assault:
Adult survivors typically have two years from the date of the assault to file a civil lawsuit.
However, the criminal statute of limitations varies based on the severity of the offense. Some serious offenses, like aggravated sexual assault, have no statute of limitations, while others might have different time constraints.
Certain conditions and circumstances can alter or potentially extend the statute of limitations:
Discovery Rule: This is especially significant for child sexual abuse survivors. If the victim realizes the impact or recalls the abuse later in life (perhaps during therapy or counseling), they might be granted an extension based on when they made this discovery.
Offender Absence: If the accused leaves New Jersey, the duration they are absent might not be included in the statute of limitations calculation.
Recent Developments in New Jersey's Law
Understanding the profound impact of child sexual abuse, New Jersey has proactively made substantial alterations to its laws. Key changes encompass:
2019 Amendment: This transformative law both expanded the civil statute of limitations for child sexual abuse victims and opened a two-year window (from December 1, 2019, to November 30, 2021) for survivors previously barred by the old statute to file lawsuits.
Recognizing the importance of the statute of limitations can be pivotal for several reasons:
Seeking Justice: It defines the timeframe within which victims can pursue legal avenues for justice.
Evidence Preservation: Over time, essential pieces of evidence may erode or disappear. Acting within the statute ensures the evidence remains untampered and valid.
Witness Reliability: Memories can fade, and witnesses might relocate or become unavailable. Prompt legal actions ensure witness accounts are timely and more accurate.
Stewart Ryan, Esq., stand firmly with survivors of sexual abuse and assault. Our law firm's experience, rooted in deep understanding in New Jersey's legal ecosystem, ensures that we provide compassionate, diligent, and dedicated representation. We endeavor to navigate the complexities of the legal system with you, ensuring that your rights are upheld, and your voice resounds.
If you or someone you know is grappling with the repercussions of child sexual abuse or assault, we urge you to reach out to our dedicated team for a confidential consultation.
See our sexual abuse law firm in NJ, here.
This content originally appeared at https://abuseguardian.com/sexual-assault-lawyer/new-jersey/statute-of-limitations-nj-child-sex-abuse/