Courageous survivors help pass legislation for victims of sexual abuse

Following nearly 20 years of advocacy, New Jersey’s victims of sexual abuse have finally achieved legislation to protect their rights. On May 13, 2019, Governor Philip Murphy signed a critical bill into law to expand the rights of victims of sexual abuse by lengthening the statute of limitations to pursue a civil claim as a result of various sexual abuse related offenses. The law grants new and extended protections for victims while also holding accountable organizations if they hide, harbor, or protect sexual predators who abuse vulnerable children or adults.

Effective on December 1, 2019, the new law specifically provides the following 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.

Further, notice of claim deadlines and procedures have been eliminated for potential claims against governmental entities. By adopting this law, New Jersey has recognized that the mere passage of time should not be the sole basis to silence a legitimate claim against a sexual abuser or the organization that allowed or concealed the 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. In tandem, the state also announced the creation of a compensation fund for the victims.

Sexual abuse affects its victims in profound ways, and for many victims, shame, guilt, and confusion suppress the horror and discomfort of the abuse, even though the victim may understand at some level that the abusive behavior is wrong. As a result, the victim often keeps the abuse a secret, unable to truly acknowledge the trauma, telling no one of this 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‘s new law is one of the strongest victims’ rights protection in the nation to ensure access to the justice system for sexual abuse survivors. 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.

Our state’s children and its other most vulnerable citizens will be safer and more protected with this law. The enactment of the legislation is due to the courage of the survivors of sexual abuse who have publicly shared their trauma and told their painful stories, disclosing their private tragedies for the betterment of New Jersey. Their bravery has given the people of New Jersey the assurance that sexual abusers, and the organizations that hide, harbor or protect sexual predators, will no longer be shielded from accountability.

Michael G. Donahue, managing shareholder of the law firm Stark & Stark in Lawrenceville, is an advocate for sexual abuse survivors, and is dedicated to protecting victims’ rights and access to justice.