State of New Jersey
P.L. 2019, c.120, Child Victims Act
Date Passed: May 13, 2019
Date In Force: December 1, 2019
Overview:
Recognizing the profound and lasting impact of child sexual abuse, New Jersey enacted the Child Victims Act to provide survivors with expanded opportunities to seek justice. This legislation significantly modifies the statute of limitations for civil actions related to sexual abuse, acknowledging the complexities involved in such cases.
Key Provisions:
The Act extends the statute of limitations for civil actions brought by child victims of sexual abuse, allowing them to file claims until they reach 55 years of age or within seven years of discovering the injury, whichever is later. For adult victims, the statute of limitations is extended to seven years from the date of discovery. Additionally, the law opens a two-year window, beginning on December 1, 2019, during which previously time-barred claims can be initiated. The legislation also addresses the liability of public entities and public employees, specifying circumstances under which immunity provisions do not apply in cases of sexual abuse.
Legislative History:
The bill was introduced to address the challenges survivors face in coming forward and seeking legal recourse, often due to delayed disclosure inherent in cases of sexual abuse. The New Jersey Legislature recognized the need to provide survivors with a more accommodating legal framework, leading to the swift passage of the bill, which was signed into law on May 13, 2019.
Implications for Survivors and The Restitution Project:
By extending the statute of limitations and creating a window for previously time-barred claims, the Child Victims Act acknowledges the unique hurdles survivors face and provides them with a renewed opportunity for justice. This aligns with The Restitution Project's commitment to advocating for legal reforms that recognize the rights and experiences of survivors, ensuring they have access to the justice system on more equitable terms.