New Jersey passed a bill to ease the limit on filing sex abuse lawsuits. Gov. Phil Murphy signed legislation May 13 to ease time limit restrictions on when childhood sexual abuse victims can seek damages in civil court. The bill takes effect on December 1, 2019. It will “revive any action that was previously dismissed on grounds that the applicable statute of limitations had expired for a period of two years following the effective date.”
The bill means a sex abuse victim now has from 12/1/19 until 12/1/2021 to file a case which was previously time barred. This change to the law comes after a wave of details last year revealed the abuse of minors in the Roman Catholic Church. The New Jersey governor said in a statement that he recognized opponents’ worries that the expanded statute will expose organizations to financial liability. However, he said that fear is outweighed by concern for sex abuse victims.
“I cannot deny victims the ability to seek redress in court for sexual abuse that often leaves trauma lasting a lifetime,” Governor Murphy said in a statement as he signed the new bill.
Victims Now Have Until Age 55 to Pursue Litigation
The legislation allows child victims to sue until they reach age 55, or else within seven years of their first realization that the abuse caused them harm. The current statute of limitations protects only those up to age 20, or else two years after they first realized the abuse caused them harm.
The NJ bill also gives a two-year window to victims previously barred by the statute of limitations. It also allows victims to seek damages from institutions.
New Jersey’s Catholic Conference opposed the bill during committee hearings. In a May 13 statement, the Archdiocese of Newark said it was committed to “comprehensive healing of those harmed.”
“(The) Catholic community, the legislature, and the Governor sincerely agree on one key position – the need to restore justice for the victims of sexual abuse in New Jersey,” said archdiocese spokeswoman Maria Margiotta.
Supporters of the new law gathered later Monday for a news conference that turned emotional. Democratic Senate Majority Leader Loretta Weinberg teared up while thanking survivors who had previously testified in support of the bill. She said the stories were “so painful and so graphic. Thank God we’re standing here today.”
Churches, BSA, Others Liable
While the Catholic Church has been a focal point of debate on the legislation, it would also make other institutions, like the Boy Scouts – liable. Attorneys in New Jersey and elsewhere have begun recruiting people to sue the BSA, which says it now has policies in place to curtail abuse.
Many states have revisited their criminal and civil statutes of limitations since the 2002 Boston Globe reporting detailing abuse in the Catholic Church. (Dramatized in the 2017 film Spotlight.) But only a handful of states – including California, Delaware, Hawaii, and Minnesota – have created new windows for abuse victims to file lawsuits. New York enacted a bill earlier this year that creates a window similar to the one in New Jersey, a state which already has no statute of limitations on criminal charges.
188 New Jersey Priests Credibly Accused
New Jersey legislatures have discussed the law change for nearly a decade. It finally comes soon after the state’s five Catholic dioceses released the names of 188 priests credibly accused of sexually abusing minors over several decades. It also comes after they announced in February 2019 the creation of a compensation fund for victims.
New Jersey’s attorney general launched a task force in September 2018 to investigate the clergy abuse scandal. That task force came after a long grand jury investigation in Pennsylvania found that more than 300 priests had abused more than 1,000 children over several decades.
The bill had broad support from lawmakers and victims’ advocacy groups. The committee hearings on the bill featured hours of emotional testimony from abuse survivors.
Among those opposed to the measure were the state Catholic Conference and the New Jersey Civil Justice Institute.
Patrick Brannigan, the conference’s executive director, told lawmakers that the New Jersey church is fully cooperating with state law enforcement officials who are investigating abuse claims in the state. He said that the church “sincerely regrets that some in the church failed to protect children.” Mr. Brannigan also said the church agrees with the intent of the bill but differs on its approach, asking instead that the bill’s take-effect date of Dec. 1, 2019 be made for a later date.
Gov. Murphy also said that lawmakers have committed to sending him a new bill correcting an error in the new law. Specifically, he said, part of the law fails to establish a standard of proof for cases against public entities. Failing to hold them to the same standard as other institutions would be “unjustified,” said Gov. Murphy, and the new legislation would hold public entities to the same standard as other organizations.
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As a partner with D'Arcy Johnson Day, Andrew D'Arcy has been involved in some of the nation’s most high-profile cases and investigations. His practice includes serious automobile accidents, medical malpractice, wrongful death and product defect cases. Andrew has been personally responsible for numerous multi-million dollar settlements and verdicts on behalf of his clients. He has been recognized by his peers as an "AV" rated attorney, the highest possible rating given by Martindale-Hubbell publication. Andrew has been named a "Super Lawyer" by New Jersey Monthly magazine each year consistently since 2013.