NJ extends statute of limitations, allows sex abuse victims much more time to sue

New Jersey victims of sexual abuse will now have sweeping new abilities to sue their attackers, and it will be easier for them to seek damages from institutions such as churches that shielded the abuse.

Until now, survivors of sexual assault were prevented from taking their abusers to court because of the statute of limitations: Under New Jersey's current law, survivors of sexual abuse have only two years to pursue litigation, and a victim of child sexual abuse has only until age 20.

After years of fighting, that changed Monday, when Gov. Phil Murphy signed a law that offers victims of child sexual abuse the ability to sue their abusers up until they turn 55, or within seven years of their realization that the abuse caused them harm. 

In addition, victims previously barred by the narrow statute of limitations from suing their abusers and the institutions that protected them now have two years to file lawsuits seeking damages.

"Survivors of sexual abuse deserve opportunities to seek redress against their abusers," Murphy said Monday after the signing. "This legislation allows survivors who have faced tremendous trauma the ability to pursue justice through the court system." 

New Jersey is the 11th state to pass such a statute of limitations bill, and the reform is pending in several other states. But New Jersey's law is distinctive because the window lets those who were sexually assaulted as adults file lawsuits, said Professor Marci Hamilton of the University of Pennsylvania, who is CEO of CHILD USA. 

The new law "offers more victims the option to sue and makes it easier for them to seek damages from the institutions that enabled the abuser," said Robert Hoatson, president of the New Jersey-based Road to Recovery, which aids victims of sexual abuse. He said he hopes other states will follow New Jersey's example by enacting strong legislation to protect children from predators and their enablers.

The bill will go into effect on Dec. 1, 2019, said New Jersey Sen. Joseph Vitale, D-Middlesex, a primary sponsor of the bill who has been fighting for the legislation for the past 15 years.

"It's a big day," Vitale said. "We always talk about finding justice for all the survivors, not just those in the past but those that will need it in the future."

Sexual abuse victims' advocates were triumphant.

"I'm thrilled that this is happening for every victim after me. Everyone should have access to our judicial system, because only then will the truth be uncovered," said Mark Crawford, the New Jersey director for SNAP (Survivors Network of those Abused by Priests).

For years, sexual abuse victims and advocates wrote letters, made phone calls and bravely told their stories before legislators in an effort to get the laws changed. Nevertheless, the bill continued to stall. 

The Catholic Church has long opposed the bill, asserting that allowing victims to sue over abuse that allegedly took place decades ago would open the way for cases based on flimsy evidence, and would put a strain on its financial resources.  

“While we disagreed on specific elements of this legislation, the Catholic community, the Legislature and the governor sincerely agree on one key position — the need to restore justice for the victims of sexual abuse in New Jersey," the Archdiocese of Newark said in a statement Monday. "The Catholic community is confident that the Independent Victims Compensation Program established by the five dioceses in New Jersey is a significant step towards restoring justice for those who, as minors, were abused by ministers of the Church. Further, we are committed to the comprehensive healing of those harmed and we will continue our policies aimed at protecting children from abuse.”

Last summer, the Pennsylvania attorney general released a report detailing decades of abuse and coverup by the Catholic Church in that state. The report breathed new life into the efforts to pass the bill in New Jersey, Vitale said. "After that, many of my colleagues asked to be co-sponsors. They realized it was time."

In February, New Jersey's five Catholic dioceses released the names of 188 priests and deacons who were credibly accused of sexually abusing children over a period of decades, dating back to the 1940s. The church also announced a compensation fund for the victims. 

Victims and advocates were gratified by that step but continued to press for the extended statute of limitations. "What's important about the new law is that it allows victims to have a choice," Vitale said.

"Nobody should be told, `This is your only avenue.' With a compensation fund, there's no discovery. You are offered a sum of money for your injury and therapy. But the public doesn't know what happened or who the pedophiles are, and that's critical to know so we can protect children," Vitale said, adding, "We can't trust institutions to be honest."

Attorney Mitchell Garabedian, who has represented dozens of clergy abuse victims around the tri-state area and was portrayed in the movie "Spotlight," said: "The passage of the bill sends a strong message to sexual abuse victims that they now matter and will be heard as never before."

Crawford, of SNAP, still recalls walking into Vitale's office over 15 years ago, when he was a junior senator: "I told him my story of how I was abused by my family priest [the Rev. Kenneth Martin] for several years, and I said: `You have to keep fighting for this law, and don't stop until you get it done!' "

The church, Crawford said, tried to buy his silence and didn't do anything to keep Martin away from children.  

"Now the church will have to act responsibly," Crawford said. "It took 20 years, but we did it."