Statute of Limitations for a School That Didn’t Protect Against Sexual Abuse in NJ

Fighting For Important Causes In State And Federal Courts

Plaintiffs must file civil lawsuits within the time set by the relevant statute of limitations. Many statutes give plaintiffs a few years to file certain claims, but limitations periods for civil claims for sexual abuse are notoriously complex. If you experienced sexual abuse, contact an attorney for help immediately.

People who experienced abuse in adulthood have 7 years from the date of the abuse or from the date they realized the abuse to file a civil lawsuit. Those who experience childhood sexual abuse have until age 55 to file civil lawsuits or 7 years from the date they realized the abuse, whichever is later. Unfortunately, many victims are afraid to come forward, and they often wait years before speaking to an attorney. Even so, a strong case can be made against those responsible for the abuse.

Ask our NJ sexual abuse lawyers for a free, confidential legal assessment by calling The Law Office of Andrew Shubin at (814) 826-3586.

What is the Statute of Limitations for Sexual Abuse Civil Claims Against Schools in NJ?

Sexual abuse can happen almost anywhere, including at your child’s school. If your child says that they have been sexually abused by someone at school, an attorney can help you take legal action against the school and anyone involved with the abuse.

Adult Sexual Abuse Victims

When talking about sexual abuse in school, most people are probably concerned about victims who are young children. However, many high school seniors are 18 years old and legal adults. If such a student experiences sexual abuse at school, their civil claims must be filed according to a statute of limitations specifically for adult victims.

Under the law, students who experienced sexual abuse when they were 18 or older have only 7 years to file a civil lawsuit against the school. However, many young victims do not realize they were abused until years later. In that case, the discover rule may apply. And the plaintiff may file their claims within 7 years of realizing the abuse.

Childhood Sexual Abuse Victims

Students who experience sexual abuse as minors are given the most amount of time to file civil lawsuits. The statute of limitations for childhood sexual abuse in New Jersey gives plaintiffs 37 years from the day they turn 18, or age 55, to file a civil lawsuit against the school.

Alternatively, if a victim does not fully understand or realize they were sexually abused for many years, they may have 7 years from when they realized or discovered that they were sexually abused to file a lawsuit.

Suing a Public School

Public schools are governmental entities that typically enjoy a certain degree of immunity from legal liability. However, New Jersey law specifically states that this immunity does not extend to injuries from a sexual assault or any other sexual crime.

One legal hurdle plaintiffs may face when suing a governmental entity is the notice requirement under the Tort Claims Act. Plaintiffs are required to submit a formal notice of their claims to the public entity (i.e., the school) within 90 days of when their injuries occurred.

Sexual abuse claims are unique because they are not bound by this requirement. Put another way, you do not have to worry about submitting a notice of your claim so quickly after the abuse occurred.

How Do I Prepare a Lawsuit Against a NJ School for Sexual Abuse?

Preparing a lawsuit is not easy, and you should contact an attorney for help as soon as possible. The longer you wait, the more difficult it may be to prove your claims in court.

Medical Examinations

If the abuse happened recently, there may still be evidence that can be obtained through medical evaluations. Take your child to a doctor immediately and explain that you believe your child has been sexually abused. Medical professionals are trained to deal with sexual abuse victims and may find evidence we can sue in court.

Testimony

Testimony is likely a huge part of your lawsuit. If you were abused while at school, your testimony may be crucial, especially if the abuse happened a long time ago. In some cases, there is little other evidence other than the victim’s testimony.

If you are filing the case on behalf of your child, they will likely need to testify, which can be difficult for someone so young. Our NJ sexual abuse lawyers can help your child prepare their testimony for court.

School Records

When suing a school, we can demand copies of school records we believe are relevant to the case. If sexual abuse had previously been reported, it should be reflected in the school’s records. We may use this information to argue that the school either ignored the abuse, failed to intervene, or fraudulently concealed it from the authorities.

FAQs About the Statute of Limitations for Sexual Abuse Claims Involving Sexual Abuse in NJ

What is the Statute of Limtiations for Civil Sexual Abuse Cases in NJ?

If you were abused when you were at least 18 years old, you have 7 years from when the abuse happened to file a civil lawsuit. If a child is sexually abused, they have until age 55 to file a lawsuit.

However, the discovery rule may affect your limitation period. Plaintiffs may have 7 years from when they first discover or realize that they were sexually abused, which may give them time beyond the ordinary limitation period.

What if I Did Not Realized I Was Sexually Abused Until Many Years Later?

It is common for sexual abuse victims to wait many years to come forward with their claims. Some people do not fully understand that they were abused until years after the fact. Victims of childhood sexual abuse have until age 55 to sue, giving them many years to come forward. Still, victims may have 7 years from when they first discovered the abuse to sue, even if the ordinary limitation period has closed.

How Do I Prove That My Child’s School Failed to Protect Them from Sexual Abuse?

To prove your child’s school failed to protect them, we can demand to see copies of the school’s records. These records may reveal that the school knew the teacher or staff member was abusive when they hired them. Alternatively, we might learn that other students reported sexual abuse, but nothing was done, or the school covered up evidence of abuse.

Can I Sue My Child’s School for Sexual Abuse?

Yes. A private school may be the subject of a lawsuit like any other private person or entity. A public school is not immune from liability for sexual abuse, and victims of abuse or their parents may sue a public school for damages.

Are School Employees Required to Report Sexual Abuse?

Yes. Teachers, administrators, and other school employees are mandatory reporters. If a teacher or someone else working at your child’s school suspects abuse, they are legally required to inform their supervisors and law enforcement. If they do not, they may be held liable for failing to prevent the abuse.

Speak to Our NJ Sexual Abuse Lawyers About How You Can Get Justice

Ask our NJ sexual abuse lawyers for a free, confidential legal assessment by calling The Law Office of Andrew Shubin at (814) 826-3586.

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