Newest Members
susanhepp, Breathe, georgetwo, frozen45, lilac
12291 Registered Users
Today's Birthdays
Guillermo (37), illbedat (26), Mike58 (56), Mnovit (38), Mongo (24), pwdasw (64), Raymond Sean (38), yesac76 (38)
Who's Online
3 registered (petercorbett, 2 invisible), 19 Guests and 4 Spiders online.
Key: Admin, Global Mod, Mod
Forum Stats
12291 Members
73 Forums
63229 Topics
442156 Posts

Max Online: 418 @ 07/02/12 07:29 AM
Twitter
Topic Options
#291412 - 06/13/09 12:51 PM New Jersey - Statute of Limitations on Abuse
pufferfish Offline
Member
MaleSurvivor

Registered: 02/26/08
Posts: 6819
Loc: USA
New Jersey Abuse Statute of Limitations


http://www.nj.com/news/index.ssf/2009/06/the_states_highest_court_today.html

N.J. Supreme Court upholds time limits for sex abuse lawsuits
by Mary Fuchs/State House Bureau - Thursday June 11, 2009, 1:25 PM
TRENTON -- The state's highest court today upheld a statute of limitations law that determines when a victim of childhood sexual abuse can bring charges against the alleged abuser.

In a unanimous decision, the Supreme Court sent a Morris County man's case back to trial because it was "not clear" when the victim realized the alleged abuse had caused him irreparable damage. The law gives victims two years to sue the accused offender once they have realized the emotional and psychological effects of the abuse.

The man, identified as R.L., brought suit against his stepfather nearly two decades after the alleged sexual abuse occurred when he was 10 years old.
The justices said that a lower court "must determine" when the victim "discovered" he was injured by the claimed abuse.
The trial court initially ruled R.L. could not bring suit against his stepfather because of the statute of limitation. They determined that R.L. had made the connection earlier than he claimed.
The decision has been closely watched by victims of clergy sex abuse and their advocates because many victims don't often completely understand the extent of their injuries until adulthood, when it may be too late to press charges.

This ruling helps protect New Jersey's children. When victims are given chances to act, kids are safer. When victims are denied such chances to act, predators walk free and youngsters are violated.

Contact Mark Crawford (mecrawf@comcast.net ) with NJ courts in the subject line for more information.

_________________________________________________________

Interpretation:

Statement by Barbara Dorris, SNAP Outreach Director 314-862-7688
Survivors Network of those Abused by Priests

New Jersey's highest court has given more victims a chance to expose dangerous predators in court. The justices are part of a nationwide trend to make it easier for victims to use the justice system to achieve prevention, healing, and closure. Gradually, more and more people are realizing that kids can't immediately disclose horrific crimes by powerful authority figures, and need longer time periods to come forward.

Juries should decide when victims realized they were hurt. No arbitrary, predator-friendly deadline should protect those who molest kids and re-victimize those who have been assaulted.

We hope this ruling helps others who saw, suspected or suffered child sex crimes - or crimes to come forward and get help.

When victims and witnesses stay silent, nothing changes. But when they find the courage and strength to come forward, at least there's a chance for healing, justice, and prevention.

(SNAP, the Survivors Network of those Abused by Priests, is the nation's oldest and largest support group for clergy abuse victims. We've been around for 20 years and have more than 9,000 members across the country. Despite the word "priest" in our title, we have members who were molested by religious figures of all denominations, including nuns, rabbis, bishops, and Protestant ministers. Our website is SNAPnetwork.org)

Contact
David Clohessy, SNAP National Director 314 566 9790, Barbara Blaine, SNAP President and Founder 312 399 4747, Barbara Dorris, SNAP Outreach Director 314 862 7688
________________________________________________

http://www.snapnetwork.org/
_________________________________________________







Top
#291434 - 06/13/09 03:10 PM Re: New Jersey - Statute of Limitations on Abuse [Re: pufferfish]
Ken Singer, LCSW Offline
Moderator Emeritus
MaleSurvivor

Registered: 08/24/00
Posts: 5778
Loc: Lambertville, NJ USA
This is not a SNAP case, though their interest in it helps expand the ability of survivors to seek justice many years after the abuse ended. Combined with the work Mark Crawford did to change the charitable immunity laws a few years and now this case, things are much better for survivors, at least in NJ.

I think the trend on this kind of legal action is moving in this direction around the country.


Top
#291441 - 06/13/09 04:00 PM Re: New Jersey - Statute of Limitations on Abuse [Re: Ken Singer, LCSW]
NJadvocate Offline
Junior Member

Registered: 01/28/06
Posts: 10
Loc: New Jersey
Ken...you are correct, but even those who must use the Child Sex Abuse Act to toll the statute of limitations can have a difficult time because as the Supreme Court just made clear...some things are to be determined subjectively by the courts. That said, the court definitely broadened the opportunities for such survivors to get beyond the current 2 year statute of limitation. I believe when all is said and done RL will in fact prevail.

Here in NJ I would like to see all statute of limitations removed for sexual abuse crimes committed against children. Eliminating the need for "Lopez Hearings", the legal process of deposing survivors to establish if in fact they can get beyond the statute of limitations. This legal process can be difficult and often the survivor is re-victimized, as the opposing counsel tries to convince the judge you were already aware of your past abuse. The Supreme Court made clear..knowing of one abuse hsitory is not enough...the must also make the connection between the abuse AND the harm the suffered as a result of it. We know all to well it takes such victims, very often, years to really come to understand the damage the was done to them.

We will continue to pursue just laws as society begins to understand the legal obstacles those sexual abused must overcome.

Regards,
Mark Crawford
Director, NJ SNAP
www.FixTheLaw.org


Top
#307499 - 10/21/09 05:54 PM Re: New Jersey - Statute of Limitations on Abuse [Re: NJadvocate]
mvnforwrd Offline
Member
MaleSurvivor

Registered: 12/05/07
Posts: 216
Loc: NJ
I do agree Mark. Statute of limitations needs to be removed not just in NJ but everywhere. Thankyou for what you do for all of us, no matter what our situation is. Abuse is abuse, Abuse has no religion, gender and age.

Chris from the south/shore

_________________________
Take your foot out of yesterday and your other foot out of tomorro or you will keep pissing allover today!

Top


Moderator:  Chase Eric, ModTeam 

I agree that my access and use of the MaleSurvivor discussion forums and chat room is subject to the terms of this Agreement. AND the sole discretion of MaleSurvivor.
I agree that my use of MaleSurvivor resources are AT-WILL, and that my posting privileges may be terminated at any time, and for any reason by MaleSurvivor.