By Brigette Honaker  |  April 12, 2019

Category: Legal News

Two hands folded in prayerUPDATE:  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!

Newly extended statutes of limitations may benefit individuals who were abused by priests from New Jersey Roman Catholic churches.

Sexual abuse can be irrevocably damaging, leaving survivors with depression, self worth struggles, PTSD, and more. When survivors are children, this can be even more harmful to their developing psyche.

With recent attention to sexual abuse within New Jersey Roman Catholic churches, more survivors are considering taking legal action against their abusers. However, the statute of limitations in some states has historically prevented many abuse survivors from taking action.

One abuse survivor detailed his experiences on All Things Considered on NPR. Todd K. was only 7 years old when he was allegedly abused by a Franciscan brother in his parish. The abuse reportedly lasted for 12 years after beginning while he was in the 2nd grade.

Todd says that it took a “long time” for him to admit to himself and his family that he had been abused. When he had finally come to terms with this abuse, he reportedly discovered that his state’s statute of limitations had run out – leaving him with no legal options.

“You don’t have a voice as a child, and then to be an adult and being told I don’t have a voice was extremely painful,” Todd told NPR.

A New Wave of Progressive Legal Reforms

In light of this fairly common scenario, New Jersey recently voted to advance the proposed extension of the statute of limitations to allow survivors of childhood sexual abuse more freedom to take legal action.

In early March, the state’s Senate Judiciary Committee voted 8 to 1 to advance the measure and send it for a vote in the full Senate. The decision came after hours of emotional testimony by survivors of sexual abuse who were unable to take legal action against their abusers due to the statute of limitations.

The changes to the New Jersey law would allow a two year window for survivors to bring claims if they had been previously barred by the statute of limitations. Moving forward, child survivors would be allowed to sue until they were 55 or within seven years of having realization of abuse.

“It should never be too late to hold rapists accountable,” said Patricia Teffenhart, executive director of the New Jersey Coalition Against Sexual Assault, according to The Morning Call.

However, the move was not universally supported. Patrick Brannigan, executive director of the New York Jersey Catholic Conference, argued that changing the statute of limitations would interfere with the church’s efforts to compensate survivors.

“This program is a genuine expression of our remorse and our desire to make amends for past transgressions and to comfort and compensate those victims of abuse,” Brannigan said, according to WHYY.

Although compensation programs from the New Jersey Roman Catholic churches may provide an avenue for survivors to find peace, extending the statute of limitations and allowing them to take legal action is another avenue. This choice may be preferred by survivors who do not wish to have any further contact with the church or who believe that they could recover more compensation by taking legal action.

If you or a loved one was sexually abused by a Catholic priest or clergy in any of the five Catholic dioceses in New Jersey, you may be entitled to compensation. Learn more by filling out the form on this page for a FREE case evaluation.

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

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