Las Vegas Review-Journal (Sunday)
Add N.J. to states with new leeway on sex crime suits
NEWARK, N.J. — The loosening of limits on sexual abuse claims in New Jersey is expected to create a tectonic shift in the way those lawsuits are brought, giving hope to victims who have long suffered in silence and exposing a broader spectrum of institutions to potential liability.
A law passed last spring goes into effect Sunday and allows child victims to sue until they turn 55, or within seven years of their first realization that the abuse caused them harm. The limit was two years before the new law. Adult victims also have seven years from the discovery of the abuse, and victims who were previously barred by the statute of limitations have a two-year window to file claims.
New Jersey’s push for expanding the statute of limitations gained momentum from last year’s release of a grand jury report in Pennsylvania that catalogued the experiences of thousands of victims of sexual abuse by Catholic priests and the church’s cover-up of the scandal.
The Roman Catholic Church and the Boy Scouts have already been inundated with sexual abuse lawsuits that were filed when similar laws were passed in other states. The church opposed the law change in New Jersey, saying it wanted to push back the date it became effective. But those two organizations are far from the only defendants.
Attorney Robert Fuggi said a key component of the law is that it removes an earlier provision that held that a person acting in loco parentis, or “in place of a parent,” could be liable only if the abuse occurred “within the household.”
That will make it easier to take legal action against public schools, Fuggi said.
“I think you’re going to see substantially more claims against public schools than ever before,” said Fuggi.