Trustworthy and compassionate counsel for adult and minor victims of sexual abuse. Contact Brach Eichler Injury Lawyers today to discuss your case with a New Jersey sexual abuse attorney.
At Brach Eichler Injury Lawyers, our personal injury attorneys have built a strong reputation as determined advocates for serious, catastrophic accidents and wrongful death victims. For decades, we have helped victims receive the compensation they deserve and the closure they need so that they can go on with their lives. Albeit under very different circumstances. Yet, we understand that a tragic event due to negligence substantially differs from a deliberate assault by a predator abusing authority and trust. We know that victims of sexual abuse can’t tell their stories through accident reconstruction, X-rays, medical records, and diagnostics. Theirs is a story of innocence trampled, trust violated, dignity robbed, and personal autonomy overthrown. Their story requires more than aggressive advocacy. It demands compassion, understanding, patience, and sensitivity. Our team is extremely professional in handling these sensitive cases, ensuring every client receives the highest standard of care and respect.
Brach Eichler Injury Lawyers understands the process of seeking justice has to be different for victims of sexual assault. With professional skill and comprehensive strategy, our legal team helps you reclaim the power the assault took away. Our team is committed to supporting you throughout the legal process, standing by your side every step of the way. Then you can finally begin healing and look towards the future.
Skilled Representation For a Variety of Sex Abuse Cases
Sexual abuse is a widespread societal problem. According to the Rape, Abuse & Incest National Network (RAINN), an American is sexually assaulted every 68 seconds. Every 9 minutes, the victim is a child. Each year, more than 463,000 people in the United States are sexually assaulted. About 57,000 children are victims of “substantiated or indicated” sexual abuse. In many cases, abusers are people known to the victim, and legal action can be taken against both individuals and institutions. Sexual abuse survivors often experience emotional pain and emotional distress, and civil lawsuits and sexual abuse lawsuits can help them recover compensation for these damages. Meanwhile, the criminal justice system is making little impact on the problem. Only 25 out of every 1,000 perpetrators end up in prison.
Sexual abuse is a crime, and victims can seek justice in both the criminal case and civil court. This means that even if criminal charges are not filed or do not result in a conviction, survivors can still file civil claims to pursue financial compensation for their injuries and suffering.
Statute of Limitations for Sexual Abuse Cases
On May 2019, New Jersey Governor Phil Murphy signed a law that extended the statute of limitations in sexual abuse cases. Under the new law, people now have until they turn 55 years old, or within seven years of the realization that their abuse caused harm, to file a claim of sexual abuse. The new statute allows for the filing of childhood sexual abuse claims and civil lawsuits against abusers and institutions. There is an important distinction between criminal and civil claims: while criminal charges are brought by the state to punish the defendant, civil claims allow survivors to file civil claims for damages in civil court, even if no criminal case is pursued.
The new law will make it easier for people to seek damages from churches and other institutions that shield abuse. But taking legal action can still be incredibly frightening for many sexual abuse victims. Even with the extended limitation periods, it can still be traumatic for victims of sexual abuse to consider confronting their assailants. Sexual abuse attorneys and sexual abuse lawyers are experienced in representing survivors and can help them seek justice and fair compensation.
Common Places or Locations Where Sexual Abuse Takes Place
Sexual abuse takes place under a variety of circumstances and a wide range of places, such as:
- Schools
- Religious organizations
- Workplaces
- Date rapes
- Summer camps
- Businesses and nonprofits that cater to children
- Healthcare facilities
Institutions and property owners have a legal responsibility to take reasonable steps to prevent abuse and protect individuals on their premises.
Such violations cry out for justice. Brach Eichler Injury Lawyers represents adults and minor victims and adults who were abused as minors. We handle cases against individuals and organizations. However, our New Jersey sexual abuse lawyers do not prosecute abuse cases against healthcare providers or medical facilities.
Capable Management of Legal Issues Related to Sexual Abuse Cases
If you are a victim of sexual assault, you must have confidence in your legal counsel and the legal process. Our law firm is committed to supporting survivors, with experienced sexual abuse lawyers in New Jersey dedicated to representing survivors of sexual abuse. Our attorneys are seasoned litigators with a long track record of success. We are adept at managing the complexities of civil litigation, including those related to sexual assault cases.
Here are a few of the important legal issues that often arise in abuse cases:
The Burden of Proof
A plaintiff in a civil lawsuit can prevail by proving the case by a preponderance of the evidence. This is a lesser standard than a criminal trial, where a prosecutor must prove guilt beyond a reasonable doubt. In civil court, the defendant can be held liable for damages even if they were not convicted in a criminal case. Therefore, if your assailant has already been found guilty of sexual assault, victory in a civil case is a virtual certainty. However, even if your abuser was found not guilty at trial, you could still win your case because of the lower burden of proof.
Respondeat superior
This Latin phrase means, “Let the master answer.” It is an ancient legal concept that says an employer can be liable for the wrongful acts of an employee while on the job. This concept allows victims to sue school districts, religious organizations, etc., when their employees or members commit sexual abuse. Under this legal principle, victims can hold an institution accountable when abuse occurs within its scope.
Statute of Limitations
The statute of limitations is the law that sets the time limit for bringing legal action after an event has occurred. The usual statute of limitations for a personal injury, such as an assault, is two years from the date of the incident. Child victims have until the age of 20 to commence an action. However, the New Jersey legislature, recognizing the problems with a rigid statute for childhood sexual abuse, has amended the law. Child victims now have until they reach 55, but must still file within seven years of realizing that the abuse caused them harm. Victims barred by the old statute of limitations may still have time to file their cases.
The new statute provides a lookback window for survivors to file civil claims, including childhood sexual abuse claims, that were previously time-barred. This allows victims to seek justice and compensation through civil lawsuits under the updated legal timeframe.
Why Choose Brach Eichler Injury Lawyers?
Your sexual abuse lawyers in New Jersey at Brach Eichler Injury Lawyers have decades of experience with personal injury litigation and have recovered over $535 million for our clients. Our law firm is extremely professional and is recognized as leading New Jersey sexual assault lawyers, known for our dedication, expertise, and compassionate client care.
Edward P. Capozzi recovered at least one of the top 20 verdicts or settlements in New Jersey every year from 2012 to 2018. He also received the President’s Award from the New Jersey Association for Justice in 2015 and the Personal Injury Hall of Fame Award from the New Jersey Law Journal in 2014.
If you have any questions about the legal process or your rights, our knowledgeable sexual abuse attorneys in New Jersey will provide answers at a free consultation.
Suing Organizations in NJ for Sexual Abuse
As mentioned above, the concept of respondeat superior allows victims of abuse to sue organizations when an employee commits sexual abuse. The plaintiff must prove the organization is liable for any of these reasons:
- Negligent hiring of the abuser
- Negligent supervision of the abuser
- Ignoring or covering up the abuse
- Failing to have adequate policies in place to discourage abuse or assist victims
Civil lawsuits and civil suits can be filed against an institution and abusers to recover compensation for victims. These legal actions help hold both individuals and organizations accountable for the harm caused.
Church Sexual Abuse of Minors
A major example of organizational liability is the priest abuse scandal within the Catholic Church. The problem has been so systemic over the past several decades that the Church has set up a fund to compensate people whom priests sexually abused.
The New Jersey Compensation Fund for Victims of Church Sexual Abuse of Minors evaluates abuse claims and negotiates settlements with victims. The fund is the first statewide compensation program of its kind. A unique aspect of the fund is that none of the five dioceses in the state have any say in the settlements. However, each diocese has agreed to release a list of all religious who have been credibly accused. An experienced attorney at our firm can represent your interests if you claim abuse by a priest or deacon.
Although the Catholic Church scandal has received a great deal of publicity, with New Jersey dioceses having paid out at least $50 million to victims in recent years, the problem of sexual abuse is by no means limited to the Church. Virtually every organization whose employees have access to children has been implicated at one time or another. This includes public and private schools, daycare facilities, after-school programs, the Boy Scouts, etc. Unfortunately, the only way to rid society of this problem is to aggressively hold organizations accountable so they become more vigilant about protecting the public, especially children.
We are the trial attorneys with the experience and knowledge to get you the results you deserve. At Brach Eichler Injury Lawyers, we take time to get to know you, as well as your case. We are committed to excellence. It is important for our team to understand your fears, concerns and expectations. We are always available to answer any questions, and are willing to come to you if you are unable to come to us.
Contact Your New Jersey Personal Injury Attorneys
Protecting the Victim from Additional Trauma
As mentioned earlier, one of the main goals of bringing a civil action for sexual abuse is to restore the victim’s dignity. Our attorneys are very protective of clients who have already been traumatized. We seek to limit the emotional toll on our clients throughout the legal process. We believe that open communication and thorough preparation are key to helping you get through the more difficult aspects of a lawsuit. As your advocates, we want to shoulder as much of the burden as possible so you get excellent legal representation and supportive counsel.
Brach Eichler Injury Lawyers works with sexual abuse victims who are dealing with many different psychological effects, such as:
- Relationship problems
- Depression
- Sexual problems
- Guilt
- Denial
- Shame
- Repression
- Self-blame
- Dissociative patterns
- Eating disorders
- Anxiety
- Somatic concerns
Survivors often experience emotional distress, emotional pain, emotional scars, and low self esteem, and may go through a very hard time during recovery.
Sexual abuse can also cause post-traumatic stress disorder (PTSD) in some cases, which could involve flashbacks and nightmares. Certain victims could be suicidal.
Other cases could involve people diagnosed with sexually transmitted diseases (STDs). Physical harm in these cases may include chronic pain, genital injuries, and gynecological complications. Victims may require medical treatment for physical wounds, and financial compensation can help cover these costs.
Sexual Abuse Statistics
According to Uber’s US Safety Report Uber reported 2,717 incidents of sexual assault and misconduct in 2021 and 2022. Of those, 355 of those incidents were reported as non-consensual sexual penetration or rape. For both 2021 and 2022, 90% of victims were passengers with 7% drivers. An rideshare sexual assault lawyer in New Jersey can provide invaluable guidance and support throughout the legal process.
According to an April 2019 ABC News report, 7,819 Boy Scouts of America troop leaders have allegedly sexually abused as many as 12,254 victims. As far back as 1991, the Washington Times discovered that over the prior 19 years, at least 1,151 Boy Scouts had reported being abused by troop leaders.
A 2018 NPR report on the Catholic church revealed that 301 clergy members in Pennsylvania were accused of sexually abusing over 1,000 minors over the past seven decades. An earlier investigation by the Boston Globe in 2002 found that more than 70 Massachusetts priests had sexually abused children.
The John Jay College of Criminal Justice in New York conducted a research study for the United States Conference of Catholic Bishops (USCCB) that found that 10,667 individuals had made allegations of child sexual abuse by priests. According to the report, there were allegations of sexual abuse against 4,392 priests between 1950 and 2002 that were not later withdrawn or proven to be false.
The same research study found that:
- 38.4% of the alleged abuse occurred within a single year
- 21.8% of alleged abuse lasted more than a year but less than two years
- 28% of alleged abuse lasted between two and four years
- 10.2% of alleged abuse lasted between five and nine years
- Less than 1% of alleged abuse lasted ten or more years
The John Jay research study also reported that of the priests at the time of the alleged abuse:
- 42.3% were associate pastors
- 25.1% were pastors
- 10.4% were resident priests
- 7.2% were teachers
- All other categories accounted for less than 3% of each
According to the study:
- 56% were alleged to have abused one victim
- 27% were alleged to have abused two or three victims
- 14% were alleged to have abused four to nine victims
- 3.4% were alleged to have abused more than ten victims
According to the study, 81% of victims were male and 19% were female. By age:
- 50.9% were 11 to 14 years of age
- 27.3% were 15 to 17 years of age
- 16% were 8 to 10 years of age
- Nearly 6% were under 7 years of age
In terms of alleged acts in the John Jay research study:
- Touching over the victim’s clothing accounted for 52.6%
- Touching under the victim’s clothes accounted for 44.9%
- Clerics performing oral sex accounted for 26%
- Victims disrobed accounted for 25.7%
- Penile penetration or attempted penetration accounted for 22.4%
Alleged abuse occurred:
- In a priest’s home or the parish residence, in 40.9% of cases
- In the church, in 16.3% of cases
- In the victim’s home, in 12.4% of cases
- In a vacation house, in 10.3% of cases
- In school, in 10.3% of cases
- In a car, in 9.8% of cases
The 3.5% of priests with more than 10 allegations of abuse included 149 priests allegedly responsible for abusing 2,960 victims, or 26% of all allegations. The amount of money already paid by the Catholic Church to victims due to these allegations was $472 million.
Contact Our Compassionate NJ Lawyers For Your Sexual Abuse Claim
Brach Eichler Injury Lawyers provides diligent and concerned counsel for victims of sexual abuse throughout New Jersey. Let our team of attorneys help you get the compensation you deserve and the closure to put this horrible incident behind you. Call our law firm today at (973) 364-8300 or contact us online to schedule a free consultation.
