New Jersey Sexual Abuse Lawyer

Sexual abuse survivors have serious bravery and fortitude to tell the story of their abuse.  Our lawyers seek to work with sexual abuse survivors and help them get their voices heard and advocate for justice after sexual abuse.

Our attorneys are available to help if you have been the victim of any kind of sexual assault or sexual abuse, whether as a minor or adult.  We are also not afraid to file lawsuits against individuals in positions of authority, as well as institutions who might have ignored abuse or otherwise failed to keep you safe from sexual abuse.

For a free case evaluation, contact our sexual abuse lawyers at The Law Office of Andrew Shubin by calling (814) 826-3586 today.

Should I File a Criminal or Civil Case for Sexual Abuse in New Jersey?

If you were sexually abused, you may be able to choose between pursuing a criminal or civil case, but in most cases, you can pursue both.  The focus of a criminal case is different from a civil case, and these varied goals often make it better to pursue both.  However, if one option is not available, the other might still be.

In criminal cases, the goal is to punish the person who harmed you.  This could end with them facing a jail term, fines, and other restrictions – such as sex offender registration under Megan’s Law.  Additionally, the statute of limitations is removed for many sexual abuse claims, meaning that old cases might not be barred from criminal cases even if civil lawsuits are not available.  However, the burden of proof is high in a criminal case, as it needs to be proven “beyond a reasonable doubt.”  These cases are also handled by prosecutors, not our sexual abuse lawyers, meaning that they might not pursue justice as strongly as our advocates will.  For example, they might allow a defendant to plead to a lesser offense or lower penalty than what we would have requested.

In civil cases, the focus is on you and your needs.  The goal of a sexual abuse lawsuit is to make things right, to reimburse you for the harms you faced, to pay you back for your mental and emotional distress, and to give you the funds to move forward with your life.  However, the statute of limitations might prevent you from pursuing a case if your abuse happened a long time ago.  Even so, it is worth speaking with a lawyer about your potential options.  The burden of proof is also lower, meaning that cases that fail in criminal court might still succeed in civil court.

Statute of Limitations on Lawsuits for Sexual Abuse in New Jersey

New Jersey changed its statutes of limitations for sexual abuse cases in 2019, expanding them greatly.  Before that, victims abused as adults had only 2 years to file their case, the same as any other injury or assault and battery claim.  Minors had until age 20 – i.e., 2 years from the time they turn 18.  However, this was still a short deadline.

Now, the statute of limitations for sexual abuse of an adult is 7 years, and the statute of limitations for sexual abuse of a minor lasts until the survivor turns 55.  This rule is found under N.J.S.A. § 2A:14-2a.

With both claims, there is also a “discovery rule,” which allows you to file 7 years from the date you discover that you were harmed by sexual abuse.  Many people repress the memory of sexual abuse and actually cannot remember what happened or connect the mental and emotional distress that they have to that event until therapy or a random memory reminds them of what happened and allows them to connect the dots.  This discovery rule can help long-suppressed abuse still be part of a claim.

One important thing to consider is the retroactivity of this law.  Passed in 2019, this law does not reach backwards and change the statute of limitations for cases that occurred before that date.  As such, you might still only have 2 years to file after your abuse or after its discovery if the abuse happened before 2019, potentially meaning your case has already expired.  While the legislature did open a 2-year “lookback” window until 2021 to allow time-barred cases to be filed, that has also expired as of the writing of this article.

Suing Institutions, Schools, Churches, Etc. for Sexual Abuse in New Jersey

The statutes of limitations discussed above also apply to lawsuits against an institution that might be responsible for sexual abuse, not just the individual abuser.  One of the most common examples of this is the Catholic Church, which has often been accused of moving priests to other communities to hide past sexual abuse, failing to screen or vet priests to make sure they are safe to be around children, and otherwise covering up or failing to investigate reports of abuse.  To be sure, other institutions are also guilty of this same kind of conduct, from other churches to schools to camps to scouting organizations, and more.

Lawsuits can be filed against these institutions for their own actions, whether they be negligent hiring, failure to investigate, failure to warn, or active cover-ups.  They can also be filed against these institutions if the individual abuser was involved in work duties when they committed abusive acts.  For example, if a teacher sexually abused a student while overseeing detention or a coach sexually abused a student-athlete during practice, that could be seen as the institution’s responsibility.

Many victims do not bring light to their abuse until they are well into their adulthood, potentially in their 50s.  As such, abusers might even have died by the time the case is filed, potentially leaving the institution as the only party able to answer for the abuse.  Additionally, many abusers are volunteers or do not make much money to begin with, putting the institution in a better place to afford paying you damages than the individual.

Call Our Sexual Abuse Victim Lawyers in New Jersey Today

If you were sexually abused as an adult or a child, call (814) 826-3586 for a free, confidential case review with the sexual abuse lawyers from The Law Office of Andrew Shubin.