BishopAccountability.org

More protections coming under new NJ sex abuse law

By Michael G. Donahue
Star Ledger
June 11, 2019

https://njersy.co/2MG3qd0

Robert Hoatson, co-founder and president of Road to Recovery, holds a sign reading, "there are more than 70," as priests leave a meeting at the Archdiocese of Newark regarding a list of sexually abusive priests on Tuesday, Feb. 12, 2019.
Photo by Danielle Parhizkaran

After nearly 20 years of advocacy, New Jersey recently passed a historic law providing new and extended protections for victims of sexual abuse by lengthening the statute of limitations to pursue a civil claim as a result of various sexual abuse related offenses. Those who have fought for these extended protections should be commended for their perseverance and courage in sharing their emotional and painful experiences for the betterment of our society.

The new protections, signed into law by Gov. Phil Murphy, will take effect Dec. 1, 2019. It features the following reform measures:

  •  A two-year window from enactment for the filing of any civil case alleging adult or minor sexual abuse that occurred in the past;
  • Those who were sexually abused in the past as minors who miss the two-year filing window will be able to bring their cause of action until the age of 55; and
  • Those 55 and older who allege delays in connecting past abuse to damages will have an opportunity to seek justice through the courts, within seven years from the date they made that connection.

This new law additionally eliminates notice of deadlines and procedures for potential claims against government entities. By adopting this law, New Jersey has recognized that the mere passage of time should not be the sole basis used to silence a legitimate claim against a sexual abuser or the organization that allowed or concealed abuse.

New Jersey’s new law comes soon after the state’s five Roman Catholic dioceses released the names of 188 priests credibly accused of sexually abusing minors over decades and the Boy Scouts of America released names of leaders accused of similar crimes. In tandem, the state also announced the creation of a compensation fund for the victims.

This type of legislation is crucial for victims of sexual abuse, who are profoundly affected by the actions of their abusers, and often experience shame, guilt, and confusion. Many victims suppress the horror and discomfort of the abuse, even though they may understand at some level that the abusive behavior was wrong.

As a result, the victim often keeps the abuse a secret, unable to truly acknowledge the trauma, telling no one of the crime against them, and effectively repressing awareness as they move through various stages of life. The secret can manifest itself through pain, shame, depression, anger, and other physiological, psychological and emotional conditions. New Jersey’s new legislation provides time to victims to allow them to come forward and seek justice for the tragic harms they have suffered.

New Jersey should be commended for implementing one of the strongest victims’ rights protections in the nation. The new law strikes a true victory for victims as it creates a “window” for any civil case alleging sexual abuse regardless of when it occurred. It is hoped that New Jersey’s “window” will be considered and adopted by other states reviewing reform bills.

We are grateful for the tireless and courageous efforts of the victims and the advocates, the families and the survivors, who fought for this legislative change. Thanks to their honesty and perseverance, we are now better able to protect our state’s children.

With this new law’s passage, New Jersey has given its residents assurance that sexual abusers, and the organizations that hide, harbor or protect sexual predators, will no longer be shielded from accountability.




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