S477 / A3648 would expand New Jersey’s civil statute of limitations for survivors of sexual assault. This common-sense change would allow victims of sexual violence more time to reckon with the impact of trauma before time runs out for them to pursue the civil justice system.
Delayed reporting of sexual violence is incredibly common. Research has shown time and time again that survivors-victims of sexual assault may wait years before disclosing that they experienced a sexual assault. This is often even more exacerbated for child survivors of sexual assault – one national study of female adult survivors of child sexual abuse found that nearly half did not disclose the abuse to anyone for over five years.[1] Another study using data from a sexual assault hotline found the average age of callers reporting child sexual abuse was 52 years old – and that male callers tended to be older than female callers.[2]
To that end, New Jersey has no criminal statute of limitations for sexual assault, which we believe is a trauma-informed policy that recognizes the traumatic nature of this crime. But our current civil statute is merely two years – completely inadequate when we recognize the incredible impact trauma has on reporting timelines. Too often, victims have their civil statute run out before realizing they have an option to pursue it.
As experts who work with survivors of violence and support the individuals who care for them, we know that no two victims have the same needs. That includes needs around how a survivor chooses to pursue justice. Many will access the criminal justice system; others will seek remedy through the institutions in which they were harmed (be it a school / university, workplace, or other system). And many will want to access the civil justice system. Sexual violence has physical, emotional, and financial impacts. The Centers for Disease Control and Prevention estimate that the lifetime cost of sexual violence is $122,461 per adult victim[3] and $282,734 for female survivors of child sexual abuse.[4]
Frequently Asked Questions
Q: What is currently in place? Survivors of sexual assault currently have just two years to pursue civil litigation, or two years after they turn 18 – whichever is later. This is simply out of step with national trends on statutes of limitations for sexual assault and inconsistent with the best information we have on how trauma from an assault impacts delays in reporting.
Q: What would this legislation change? S477 / A3648 would expand the civil statute of limitations for sexual assault, allowing victims of child sexual assault to bring civil cases until the age of 55 or seven years from the time they became aware of their injury, whichever is later. Adult victims of sexual assault would have seven years to pursue justice through the civil system. The bill would also create a one-time, two-year lookback window for survivors who were previously disenfranchised under the limited civil statute to bring civil claims against those who harmed them.
Q: Why is a two-year civil statute not enough? Best research on the impact of trauma highlights how incredibly common delayed reporting is for survivors of sexual violence. One national study of female adult survivors of child sexual abuse found that nearly half did not disclose the abuse to anyone for over five years.[1] Another study using data from a sexual assault hotline found the average age of callers reporting child sexual abuse was 52 years old – and that male callers tended to be older than female callers.[2] New Jersey has already recognized this need once, eliminating our criminal statute of limitations for sexual assault. Expanding our state’s civil statute is the next common-sense step in trauma-informed lawmaking.
Q: Are other states expanding their statutes of limitations for sexual assault? Yes! 80 percent of states have made changes to their statutes of limitations since 2002, the year that the Boston Globe’s Spotlight reporting thrust child sexual abuse into the national spotlight.[5] Unfortunately, New Jersey is not one of them.
Alaska, Connecticut, Delaware, Florida, Illinois, Maine, Minnesota, Utah, and Guam all have no civil statute of limitations, for all or many cases of sexual assault.[6]
Additionally, seven states have passed legislation creating ‘lookback windows’ for survivors whose statutes previously ran out.[7] These lookback windows both allow victims to achieve access to justice that was previously denied to them and allows authorities to identify previously unknown perpetrators.
Q: Why aren’t Compensation Funds enough? Sexual assault is a crime that, at its core, removes choice and power from its victims. Restoration of that power, choice, and control is a critical part of the healing process for many survivors. For some victims, receiving acknowledgment and recompense from the institution that harmed them will bring a sense of justice and peace. For others, returning to the organization that harmed them might feel intensely traumatic. It’s therefore critical to preserve choice and options for survivors as they consider the ways they want to pursue justice and healing.
Q: Why do we need the civil justice system? Why can’t survivors just go to the police / pursue the criminal justice system? No two survivors of sexual violence want the exact same thing when it comes to pursuing justice and healing. For many, pursuing the criminal justice system – where the defendant is held accountable to the state and can be found guilty of a criminal act – will result in a feeling of justice. For others, pursuing the civil system – where the defendant is held accountable to the victim for harm caused – will bring a sense of justice and healing. From our vantage point at the coalition, the most important thing we can advocate for is expanded pathways to justice for survivors – so victims can have options and choice in choosing how to proceed.
| Criminal Lawsuits | Civil Lawsuits |
|---|---|
| Goal is to hold the defendant accountable to the state. | Goal is to hold the defendant accountable to the victim. |
| State prosecutes and controls the case | Victim initiates and controls the case |
| Survivor is a witness and does not have the right to direct the prosecution of the case or to veto the prosecutor’s decisions | Survivor is a part and is entitled to all important information relating to the case and can make decisions about the direction of the case, such as a settlement of a claim |
| Perpetrator is presumed innocent until proven guilty | Victim and perpetrator appear as equals |
| If defendant is found guilty, they are subject to punishment such as probation or jail and are held accountable to the state. The victim will not obtain money unless the court orders the defendant to pay restitution for the victim’s out-of-pocket expenses. The court cannot order restitution for non-economic damages. | If the defendant is found liable, they will owe an obligation to the victim, such as money to compensate for medical and therapy expenses, psychological damage, damage to family relationships, and lost wages. The court can order the perpetrator to pay for non-economic damages, such as pain and suffering and punitive damages. |
Table adapted via the National Center for Victims of Crime
Q: Will the window part of this legislation overburden the court system? We advocate for expanded pathways to justice. By opening more doors to justice for survivors, we don’t negate the responsibility of these systems to adequately assess and move cases forward. In other states where similar window legislation was initiated, there is no evidence that court systems were overwhelmed with a “flood” of cases; rather, in many cases, abusive serial perpetrators were publicly identified (many for the first time!) and survivors were able to find justice:
SOURCES
[1] Smith D., Letourneau E., Saunders B., Kilpatrick D., Resnick H., Best C. (2000). Delay in disclosure of childhood rape: results from a national survey. Journal of Child Abuse & Neglect, Vol. 24, Issue 2 – February 2000. Pp.273 – 287.
[2] Spröber N, Schneider T, Rassenhofer M, Seitz A, Liebhardt H, König L, Fegert. (2014). Child sexual abuse in religiously affiliated and secular institutions: a retrospective descriptive analysis of data provided by victims in a government-sponsored reappraisal program in Germany. JM – BMC Public Health – March 27, 2014; 14 ; 282
[3] Peterson C., DeGue S., Florence C., Lokey CN. (2017). Lifetime economic burden of rape among u.s. adults. American Journey of Preventative Medicine, Vol. 52, Issue 6 – June 2017. Pp. 691 – 701.
[4] Letourneau, EJ., Brown, DS., Fang, X., Hassan, A., Mercy, JA. (2018). The economic burden of child sexual abuse in the United States. Journal of Child Abuse and Neglect, pp. 413 – 422. NB: Researchers noted that there was insufficient data concerning productivity losses for male survivors of child sexual abuse, hence only reporting the number for females.
[5] Hamilton, M. (2018). Child sex abuse statute of limitations reform in the wake of the boston archdiocese clergy abuse scandal. Child USA
[6] Ibid.
[7] Ibid.
[8] Ibid.
[9] Hamilton, M. (2007). A ‘window’ for victims of abuse. Los Angeles Times, July 19 2007. (link)
[10] Hamilton, M. (2018). Child sex abuse statute of limitations reform in the wake of the boston archdiocese clergy abuse scandal. Child USA
