The Statute of Limitations in New Jersey for a civil tort claim is currently two years.
There is no time limit on reporting a sexual assault to the police and there is no statute of limitations on sexual assault in New Jersey.
Sexual assault includes any unwanted or forced touching of a person’s intimate body parts. Penetration does not have to be involved for sexual touching to be against the law.
A person who is incapacitated because of the effects of drugs or alcohol cannot consent to sexual activity.
There is currently a bill working its way through the legislature to change the statute of limitations but it is not yet the law.
Benjamin G. Kelsen IF YOU LIKE THIS ANSWER PLEASE INDICATE YOUR APPRECIATION BY SELECTING IT AS "BEST ANSWER." Law Offices of Benjamin G. Kelsen, Esq. LLC 179 Cedar Lane Teaneck, NJ 07666 Phone: 201-692-0073/ Fax: 201-692-0151 Web Site: www.kelsenlaw.com / Email: email@example.com NOT LEGAL ADVICE: The above information may contain an opinion which does not constitute legal advice. Unless a retainer agreement has been signed, we are not your legal representatives, and you should not rely on any opinions contained in this message.
You don't say how old you are, so it's impossible to say if the statute of limitations has run. It does not begin until you turn 18. Regarding your sister, that should be reported to the police and/or DYFS as soon as possible. You can also look for assistance from the many organizations that work with victims of child abuse and/or sexual abuse. The police or the county prosecutor's office should be able to direct you to these organizations.
I do not agree with other counsel that you should report this to the police if you want to recover through a lawsuit unless your stepfather has a lot in the way of assets.
If you want to have him punished for what he did, that is a different matter.
Your age now matters. Did this all take place in New Jersey or were any other states involved? (Each state has its own way of figuring a statute of limitations.)
Confidential information should not be disclosed in this Internet forum. I am a Wisconsin lawyer. The laws in each jurisdiction can be very different. I cannot give legal advice over the internet nor can I establish an attorney client relationship with you. You should NOT assume or otherwise conclude that there is an attorney -client relationship between any reader and this writer or his firm. These comments are only guideposts. They are not subject to any privilege protections. Indeed, these internet communications are neither privileged nor confidential. Accordingly, those using this form of communication need to be guarded in what they write. Because of the nature of these communications the information is general only and should not be relied upon in any specific case. This internet site is public forum, where the communications are not confidential or privileged. There may very well be merit to your defense or position in this type of situation. However, there are hardly sufficient details for an attorney to provide you with some path to follow. It is imperative that ALL of the facts in a particular situation be examined. No conclusion can be drawn from the communication that you have provided. There are some matters that are just better handled by an attorney familiar with the procedures of the courts in your area. Most, if not all, legal matters should not be handled via internet communication. At best, the responders on this site can give you a few hints and guidance. To deal with a legal problem, nothing is better than to consult with a lawyer who will give you some time and advice. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services. For a definitive answer you should seek legal advice from an attorney who (1) is licensed to practice in the state which has jurisdiction; (2) has experience in the area of law you are asking about, and (3) has been retained as your attorney for representation or consultation. Your question and the attorney’s answer may be used for promotional or educational purposes.
Cannot answer unless we learn your age and when this occurred. Sorry what happened to you. The general two year rule may not apply in certain circumstances.
Please note that these answers are provided as a community service and are not meant to create an attorney-client relationship.
The law requires that a lawsuit based upon claims of child sexual abuse must be filed within two years of the date of the reasonable discovery of the injury and its causal relationship to the act of alleged sexual abuse. The earliest date the deadline could occur is when the victim reached age 20. The statute of limitations requires that suit be filed by your 20th birthday unless you can demonstrate a lawfully sufficient excuse for a delay.
You might be entitled to sue at a later date if you can establish that your claim meets the two-stage analysis that trial judges conduct to decide whether and for how long the two-year statute of limitations in child sexual abuse suits can be extended. The evaluation involves an objective test of when a reasonable person similarly situated and having the same mental capacity as the victim should have discovered the cause of any injuries, and then a subjective test of whether there are reasons that would justify delaying the two year deadline.
This is a highly complex analysis but, with the proper proofs presented to the court by a competent attorney, you may be able to present your case, even many decades after the incident occurs if you establish that you were under a disability meeting the above conditions.
You should consult an attorney experienced in handling this type of claim. Good luck with your case.
Philip L. Faccenda, Esq.
Faccenda Law Firm, LLC
601 Longwood Ave. at Rte. 38
Cherry Hill, NJ 08002
Representing Victims of Legal Malpractice, and the Seriously Injured or Disabled. Certified as a Civil Trial Attorney by the Supreme Court of New Jersey, ************************************************************************************************************************* [Note: The foregoing is provided as general information only and should not be relied upon as legal advice, which would depend upon a detailed review of the facts and circumstances of each individual case. No attorney-client relationship is established by this communication, and no representations are made. We are not taking any action on your matter and will not be considered your attorney. There are strict deadlines within which certain actions must be taken or important rights may be lost unless you act promptly].
LLC (limited liability company) Personal injury Personal injury lawsuits Statute of limitations for personal injury cases Types of personal injuries Assault and personal injury Criminal defense Statute of limitations for criminal charges Criminal charges for assault and battery Sex crimes Criminal charges for sexual abuse Criminal charges for sexual assault Incapacitation and elder law Lawsuits and disputes Child abuse Discovery