UPDATE:  On December 1, 2019, the New Jersey Sexual Abuse Survivor Law went into effect. This law opens up a two-year window for sexual abuse survivors to file lawsuits, regardless of when the abuse took place. Read more here!

A new sexual assault law in New Jersey would allow more survivors to take legal action against their abusers with new statutes of limitations.

The sexual assault law would both change the statutes of limitations and provide a two year window for legal action.

The improved statute of limitations would allow individuals who were sexually assaulted or abused as minors to take legal action up until they turn 55 or within seven years of the discovery that the abuse caused them injury. Adult survivors would also be granted seven years to take legal action starting from the discovery of sexual abuse.

The bill would also provide a two-year window during which individuals could bring legal action against their assailants if they were previously barred from taking legal action by the statute of limitations.

Overall, the bill seeks to expand survivor rights and make it easier for individuals to recover compensation for the sexual abuse they may have suffered from. The New Jersey Senate and Assembly have approved the sexual assault law. After the governor signs it, the bill will go into effect on Dec. 1, 2019.

There are currently no New Jersey statutes of limitation for criminal sexual assault, according to advocacy group RAINN, but the same can’t be said for civil claims. Currently, New Jersey civil statute of limitations only allow individuals to take legal action within two years of their realization that the sexual abuse caused harm.

Much of the regulations around sexual assault in New Jersey is based on the state’s definitions. According to the New Jersey State Police, sexual assault (aka rape) is defined as “the penetration, no matter how slight, in which physical force or coercion is used or in which the victim is physically or mentally incapacitated”.

Criminal sexual contact is defined by the state as “intentional, non-consensual touching by the victim or actor, either directly or through clothing, of a victim’s or actor’s sexual organs, genital area, anal area, inner thigh, groin, buttock or breast, for the purpose of degrading or humiliating the victim or sexually arousing or sexually gratifying the actor”. The New Jersey statute of limitations for this type of sexual assault is five years.

State regulations also note that a survivor of sexual violence is unable to consent if they are under the age of 13, of a diminished mental capacity (including drugged or drunk), and more. The legal age of consent in New Jersey is 16, but individuals younger than 18 still cannot consent to sexual contact in certain situations including if there is a large age gap, if the abuser is a parent or guardian, or if the abuser has power over the minor.

Although sexual abuse within the Catholic Church has been gaining attention from the media, improvements to sexual assault laws can help with other cases of sexual abuse in New Jersey and other states. In fact, both Pennsylvania and New York child assault laws have been updated. Speaking with a qualified sexual assault attorney can help survivors evaluate their legal options and potential avenues for compensation.

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This article is not legal advice. It is presented
for informational purposes only.

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