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!

In mid-2019, the five New Jersey Catholic dioceses set up a compensation fund for victims of Catholic Church sex abuse. This fund offered payment to victims, but at a cost — victims who accepted compensation from the fund then lost their right to sue the Church over their abuse.

Who Qualified for the New Jersey Catholic Church Compensation Fund?

The fund aimed to provide compensation for people who were abused by clergy members as children.

The New Jersey fund, called the Independent Victim Compensation Fund, was rolled out in two phases. The first phase addressed victims who have already made claims with New Jersey’s five dioceses. The second phase was aimed at working with new victims who come forward and have not yet filed a claim.

A number of factors influenced the amount that a Catholic Church sex abuse victim received in a payout, according to the Pittsburgh Post-Gazette. The age of the child, the nature of the abuse, the impact that the abuse had on a person’s life, and whether or not drugs or alcohol were involved are all factors that influenced a person’s payout.

The fund was run by two administrators with previous experience running victims’ funds: Kenneth Feinberg, an administrator of the federally run September 11th Victim Compensation Fund, and Camille Biros, who has helped run a similar Catholic Church sex abuse victims’ fund for the Archdiocese of New York.

More than 500 people applied to receive settlements from the fund, and as of January 2020, the program had paid out or authorized payments totaling $11 million to 69 New Jersey victims.

What is the downside of accepting a payment from the Independent Victim Compensation Fund?

Under the terms of the Independent Victim Compensation Fund, the alleged victim was required to sign an agreement saying that if they accepted funds, they would not sue the diocese over their abuse. However, the alleged victim would still be allowed to speak publicly, both about their alleged abuse and about the settlement they received.

How Can Claimants Get Help?

The New Jersey Catholic dioceses victim compensation fund is now closed, but there are similar funds open elsewhere in the country.

Because making a claim is a legal process, potential claimants may benefit from seeking legal advice from a knowledgeable attorney. A consultation can help survivors of abuse determine whether it’s in their best interest to agree to the terms of the compensation fund. For those who choose to make a claim, guidance from an attorney can help them get the best possible result from the process.

Is the Catholic Church doing anything else to address the epidemic of sexual assault allegations?

On top of opening the compensation fund, the five New Jersey dioceses also released the names of just under 200 priests accused of sexual abuse, according to NJ.com. Reportedly, the list includes the names of every priest and deacon in a New Jersey diocese who have been credibly accused of sexually abusing a child.

This action was taken in coordination with the attorney general of New Jersey’s continuing effort to understand the scope of the problem of sexual abuse by Catholic Church officials in New Jersey, and will hopefully shed more light on the problem, NJ.com reports.

What are the new laws for New Jersey sex abuse victims?

A landmark bill signed into law by Governor Phil Murphy in May 2019 now enables New Jersey Catholic church sex abuse victims to have considerably more time to file civil lawsuits. The law formally took effect on December 1, 2019. According to NPR, the law created a two-year look back window for those people who did not originally file their church sex abuse claim before the time window expired. The look back window is still open, and is set to expire at the end of the year.

This legislation also lifted the current two-year statute of limitations for future claims. In passing the law, Murphy stated that he was aware that the act would expose the Catholic church, among other organizations, to significant financial liabilities.

Many sexual assault advocates and victims supported the passage of this law, arguing that the two-year statute of limitations in effect previously stifled justice. Many of the victims of sexual abuse cases include children who are more likely to wait years or even decades before they understand what happened to them and are ready to come forward with a claim.

What Does the New Law Say About Time Limits?

Under the new law, victims of childhood sexual abuse in New Jersey will now be able to make claims until they reach age 55, or seven years from the moment they identify that an injury was caused by previous abuse, whichever of these issues is later. Previously, they were only allowed a two-year window, and victims had to be under the age of 20 to file such a lawsuit.

Adult victims of sexual assault and similar crimes will be able to make claims for up to seven years following the discovery of the injury. Although the New Jersey Catholic Diocese set up a compensation fund for victims and formally released the names of 188 deacons and priests, civil lawsuits will allow victims to obtain other evidence like documents from the organization or person that is being sued.

Victims are recommended to obtain counsel from experienced attorneys to discuss next steps if they believe they could be entitled to recovery.

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