New Jersey Sex Abuse Lawsuits and Settlements: Seeking Justice for Survivors

In recent years, there has been a significant shift in New Jersey’s legal landscape, one that empowers survivors of sexual abuse and sexual assault. Victims are now able to access the civil justice system to hold abusers and the institutions that enabled them accountable.

This article explores how sex abuse victims can bring civil lawsuits in New Jersey, discusses the recent amendments to the statute of limitations for sex abuse civil cases, and sheds light on the potential settlement value through recent settlements and verdicts.

Recent Developments

A significant development in the realm of New Jersey sex abuse lawsuits is the rejection of an $87.5 million settlement proposed by the Camden Diocese for sexual abuse survivors.

The rejection was based on concerns that it could burden insurance companies with illegitimate claims and excessive attorney fees. While the intention was to create a settlement trust funded by $87.5 million to compensate survivors, the judge found the plan lacking in sufficient protection for the insurers.

This rejection highlights the complex nature of sex abuse lawsuits and the challenges survivors face when seeking justice and compensation. However, it also underscores the determination of survivors to hold accountable those responsible for their suffering.

Defining Sexual Abuse in New Jersey

Sexual abuse, as per New Jersey law, involves intentional sexual contact, either direct or through clothing, of intimate body parts for the purpose of degrading or humiliating the victim or sexually gratifying the abuser. This definition encompasses a wide range of acts, from forcible rape to indecent exposure.

Crucially, the defining element of all sexual abuse or assault cases is the absence of consent. Without consent, any form of sexual contact is considered sexual abuse or assault. This is especially significant when dealing with cases involving minors (under the age of 18), as they lack the legal capacity to give consent.

Holding Third Parties Accountable

Survivors of sexual abuse have the right to file civil lawsuits seeking compensation, even if they did not press criminal charges or never disclosed the abuse to anyone. While they can sue the individual perpetrator, the likelihood of obtaining compensation from them is often low, as many perpetrators may be deceased or incarcerated.

The primary aim of a sexual abuse civil lawsuit is to hold third parties accountable for their negligence, which allowed the abuse to occur. For instance, if a teacher abused a student at school, the school itself could potentially be held liable for negligently failing to prevent or investigate prior complaints against the teacher.

Common examples of third parties that can be held liable in sexual abuse civil lawsuits include schools, churches, and organizations like the Boy Scouts.

Statute of Limitations in New Jersey

One of the significant challenges in sex abuse lawsuits is the statute of limitations, which imposes a legal deadline for filing civil lawsuits. In many cases, survivors may not feel comfortable coming forward until years after the abuse occurred.

In 2019, New Jersey took a critical step by amending its statute of limitations to allow childhood sexual abuse victims to access the civil justice system more effectively. Previously, victims had only two years to file a civil lawsuit. Under the new Child Victims Act (N.J.S.A. § 2A:14-2), victims of childhood sexual abuse have until their 55th birthday to bring a civil lawsuit. For cases involving adult victims (over 18 years old), the statute of limitations for a civil lawsuit is now 7 years from the last act of sexual abuse.

Catholic Church Sex Abuse Settlements

In recent years, the Catholic Church in New Jersey has faced numerous sex abuse lawsuits.

In April 2022, the New Jersey Catholic diocese agreed to pay $87.5 million to settle approximately 300 claims involving sexual abuse by clergy. This settlement covered decades of abuse, from the 1950s to the 1990s.

Each individual claimant is expected to receive around $290,000 from the settlement, and part of the funds will be allocated to establish a settlement trust for future claims.

Settlement Value in New Jersey Sex Abuse Cases

Sex abuse claims tend to have high settlement values due to the emotionally charged nature of these cases. Juries often award substantial sums in compensation, which contributes to the overall settlement amount. Additionally, third-party defendants, such as schools and churches, are often motivated to settle these cases to protect their public image and avoid negative publicity.

Recent Verdicts and Settlements in New Jersey

Here are some examples of recent sexual abuse settlements and verdicts in New Jersey:

1. $331,000 Verdict (Middlesex County 2023): A plaintiff alleged that negligence by the City of Perth Amboy and Perth Amboy Fire Department allowed an employee to sexually abuse them from 1986 to 1990.
2. $125,000 Settlement (Ocean County 2022): A 14-year-old student alleged repeated sexual assault and harassment by a teacher at Toms River Regional School District.
3. $30,000 Settlement (Mercer County 2019): A mentally disabled adult female was sexually abused by a mentally disabled adult male at a facility for mentally challenged individuals.
4. $550,000 Settlement (Union County 2017): An 11-year-old girl alleged sexual abuse by a martial arts instructor.
5. $300,000 Settlement (Federal Ct. 2017): An 8-year-old boy with severe autism was subjected to sexual molestation in foster homes.
6. $4,500,000 Settlement (Passaic County 2010): A 3-year-old boy was sexually abused while in foster care.
7. $600,000 Settlement (Morris County 2009): A 7-year-old girl was sexually abused by a foster parent.
8. $330,000 Settlement (Federal Ct. 2006): A high school student alleged repeated sexual assault by a guidance counselor.

Conclusion

New Jersey has taken significant steps to empower survivors of sexual abuse by extending the statute of limitations and enabling them to seek justice through civil lawsuits. Recent settlements and verdicts demonstrate the potential for compensation for survivors. If you are a survivor of sexual abuse and wish to file a lawsuit in New Jersey, seeking legal assistance is crucial to navigate this complex legal terrain.

Source: New Jersey Sex Abuse Lawsuits and Settlements | Lawsuit Information Center

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