The statute of limitations provides a specific period by which the defendant must file a compensation claim. This period varies depending on the type of offense committed and the state handling the case. However, parties are prohibited from filing lawsuits in a different country from where they come from to take advantage of the extended statute of limitations.
But with a North Bergen Personal Injury Attorney, you can discuss your options and file your claim as soon as possible. So, what is the statute of limitations for sexual assault in New Jersey?
Difference between a criminal case and a civil case
Before looking at the statute of limitation for sexual assault, it is essential to know the difference between a civil and a criminal case. Here are the significant differences:
- Goal: Criminal cases have the objective of holding the defendant accountable to the state, while civil cases seek to hold defendants responsible to the survivor or plaintiff.
- Parties involved: Criminal laws are cases between the state and the defendant in which the state prosecutes, but the plaintiff prosecutes and controls the case in civil cases.
- Victim privileges: The victim has specific benefits in civil cases to make decisions regarding settlement and access important information. The victim lacks these privileges in criminal cases.
- Compensation: Defendants in criminal cases are punished by imprisonment or probation, while other defendants in civil cases are liable to pay for economic and non-economic damages. This includes lost wages, medical expenses, damage to family relationships, pain and suffering, and psychological damages.
The differences between civil and criminal cases also apply in the statute of limitations. Before the amendment in 2019, sexual assault victims were required to file their claims within two years for civil litigation. For survivors of sexual abuse in childhood, the law also allowed them two years after attaining 18 years.
With the new amendment, sexual assault victims in the state of New Jersey now have seven years to file a claim and seek justice against defendants. Adult survivors are also granted seven years of awareness of the trauma and its relationship to financial harm.
These limitations apply to civil cases. There is no statute of limitations for criminal cases of sexual assault in New Jersey. Therefore, the state can pursue charges against the victim at any time and seek justice if found guilty.
How to file a lawsuit against a sexual offender
The first step in a civil lawsuit should be to find an experienced personal injury attorney for legal advice and representation. They will help you determine the claim to bring, who to sue, and the court to handle your claim. Remember, the defendant pays for all damages if found guilty.
Why the Law Offices of Anthony Carbone?
Consult the Law Offices of Anthony Carbone if you are a victim of sexual assault in New Jersey. The experts are experienced and will do all within their power to ensure you receive a fair trial and receive a full settlement. Discuss your case today by booking an appointment online with a North Bergen Personal Injury Attorney or call the offices at 201-829-3805.