Civil Claims For Sexual Assault In New Jersey

WHAT IS SEXUAL ASSAULT?

Sexual assault is defined as any act of a sexual nature, prohibited sexual acts, and sexual abuse that is committed without a person’s consent. This includes rape as well as “penetration, no matter how slight, in which physical force or coercion is used or in which the victim is physically or mentally incapacitated.” It also includes “intentional touching of intimate parts for degrading, humiliating, or sexually gratifying purposes, either directly or through clothing.”

According to statistics published by RAINN, the Rape, Abuse & Incest National Network, it is estimated that a sexual assault occurs every 68 seconds and the physical, mental, and emotional consequences can be devastating to the victim.

While sexual assault is a serious criminal offense, it is also one in which a victim can file a civil claim against their abuser for the harm caused by the abuser and receive monetary damages.

HOW MUCH TIME TO FILE A CLAIM? 

Recognizing that the trauma victims of sexual assault may suffer is complex and can manifest itself in many ways, New Jersey allows victims of sexual assault more time to come forward and file civil claims against their abuser.

In 2019, Governor Phil Murphy signed legislation known as S477 into law, making New Jersey one of a handful of states to significantly extend the statute of limitations for filing civil claims for sexual assault.

A statute of limitations is the time that a person has to file a civil claim.

Under this law, a victim who suffered sexual assault as a child now has until the age of 55 years old or seven years from the date that they became aware of the assault, whichever is later, to file a civil claim against their abuser. Additionally, an adult victim of sexual assault has seven years from the time of their discovery of sexual assault to file a claim.

Prior to the passage of this law, the statute of limitations in New Jersey for a civil claim of sexual assault was only two years.

WHY WAS THIS CHANGE SO IMPORTANT?

By extending the statute of limitations to seven years, New Jersey gives victims more time to process what happened to them and to finally take their power back on their own terms and their own timeline by holding their abuser accountable for the harm they have caused them.

According to the New Jersey Coalition Against Sexual Assault (NJCASA), the extension of the statute of limitations to file a civil claim for sexual assault from two years to seven years is a gamechanger for victims because studies show victims often delay reporting sexual assault due to feelings of shame or embarrassment that the abuse has occurred. About 50% of victims of sexual assault do not tell anyone about the abuse for over five years. Additionally, the average age at which a victim reports abuse is 52 years old. Other studies show that victims of sexual assault often suffer PTSD that may not show up until years later. Victims of sexual assault have also been found to suffer financially as a result of sexual assault. In fact, the National Sexual Violence Resource Center cites a 2017 CDC study that showed the economic burden of sexual assault. According to the study, the per victim lifetime cost is $122,461. This is attributed to the impact that sexual assault can have on a victim’s professional life as well as the cost for medical and mental health treatment.

WHAT IF IT HAPPENED ON THE JOB?

Under this law employers are also subject to liability when they allow sexual assault or harassment to take place and take no action to stop it.

Consensual relationships including in the workplace cross the line to sexual assault or harassment when the relationship has ended but one party, usually the man continues to make advances towards the woman. This behavior can qualify as harassment when it is unwanted and makes the woman feel uncomfortable.

Furthermore, this behavior of harassment in the workplace is unlawful when it is severe or pervasive enough to create a hostile work environment or when it forces someone to do something they do not want to do if they want to keep their job or receive a benefit.

An employer becomes liable for sexual assault or harassment if they do not take action when (1) the harassment or assault is committed by a supervisor or someone in a position of authority, (2) the employer knew or should have known about the harassment or assault and failed to take appropriate action or measures to address it, and (3) the employer lacked proper policies or training to prevent the harassment or assault.

Additionally, employers are expected to (1) have clear anti-harassment policies, (2) provide training to all employees, (3) offer safe and effective channels for reporting harassment or assault, and (4) take quick and appropriate action when a complaint of harassment or assault is made.

If an employer fails to take any of these actions they can be held liable for the conduct and actions of their employee.

IS THE TIME LIMIT THE SAME? 

No. It is important to note, that though New Jersey allows for a victim to also sue their employer for allowing sexual assault or harassment to occur, the statute of limitations for filing such a claim against the employer remains at just two (2) years. So, while progress has been made in giving victims more time to seek justice against their abusers, time is short for holding an employer accountable.

Kate Knowles Brindle is a third-year law student at the University of Dayton School of Law. She is a former competitive figure skater and a proud owner of a small therapy farm in NJ. Her areas of interest in the law include intellectual property and national security law.