Sexual Assault Forensic Evidence (SAFE) Kits
UNDERSTANDING THE LAW
Understanding the Statutes of Limitations for Sexual Violence in New Jersey
Victims of sexual violence have the right to pursue justice under both the criminal and civil legal systems. However, certain cases need to be filed within a set period of time; that time period is called a “statute of limitations.”
A statute of limitations is a law that sets the maximum amount of time for legal proceedings to begin after an incident. It applies to both civil and criminal cases, and the time limit varies depending on the type of crime or civil claim.
A victim has the right to pursue both systems, one system, or neither system.
Statute of Limitations to file Criminal Charges
In New Jersey, the criminal statute of limitations was eliminated for most sexual offenses involving penetration in 1996. For survivors of most sexual offenses involving contact – not penetration – the criminal statute of limitations is five years. If someone was a victim of sexual contact as a minor, the prosecution must be commenced within five years of the victim attaining the age of 18 or within two years of the discovery of the offense by the victim, whichever is later. N.J.S.A. 2C:1-6.
In New Jersey, survivors of child sexual abuse can file a civil lawsuit within 7 years after the minor reaches the age of majority or within seven years of discovery of the injury and its causal relationship to the act, whichever date is later. N.J.S.A. 2A:14-2a. Survivors of adult sexual assault have seven years from the offense or seven years from discovery of the injury and its causal relationship to the act. N.J.S.A. 2A:14-2a(b).
Statute of Limitations to file a Civil Suit
In New Jersey, survivors of child sexual abuse can file a civil lawsuit until age 55 or within seven years of discovery of the injury and its causal relationship to the act, whichever date is later. N.J.S.A. 2A:14-2a. Survivors of adult sexual assault have seven years from the offense or seven years from discovery of the injury and its causal relationship to the act. N.J.S.A. 2A:14-2a(b).
Civil Case
The victim seeks to hold the defendant civilly accountable for the harm caused.
Criminal Case
The prosecutor, on behalf of the state, seeks to hold the defendant criminally accountable for the crime committed.
Civil Case
The victim seeks damages for economic and non-economic harms resulting from the alleged acts.
Criminal Case
The prosecutor’s role is to pursue justice and maintain public safety after an allegation of a crime by prosecuting the offender – evaluating evidence and protecting both the rights of the accused and the victim.
Civil Case
The victim generally controls the direction of the case.
Criminal Case
The prosecutor(s) primarily controls the direction of the case. The victim does have the right to provide input during plea negotiations and deliver a Victim Impact Statement.
Civil Case
The burden of proof is lower than in a criminal case – preponderance of the evidence – meaning it is more likely than not that the other party caused harm.
Criminal Case
The burden of proof is the highest evidentiary burden under the law – beyond a reasonable doubt. A reasonable doubt is an honest and reasonable uncertainty in your minds about the guilt of the defendant after you have given full and impartial consideration to all of the evidence.
Civil Case
Adult victims of sexual abuse have 7 years to pursue civil action against the person who harmed them.
Criminal Case
There is no statute of limitations for criminal cases of sexual assault[1].
Civil Case
Adult survivors of childhood sexual abuse have until age 55 OR seven years from the discovery of damages (whatever is later).
Criminal Case
There is a 5-year statute of limitations for criminal cases of criminal sexual contact[2].
Civil Case
If a defendant is found liable, they may be responsible for damages. Damages may include compensation for medical and dental expenses, behavioral health care, damages to relationships, loss of earnings, psychological damage, pain and suffering, legal fees, etc..
Criminal Case
If a defendant is found guilty they will be subject to punishment, which may include incarceration, fines, probation, and possibly restitution to the victim.