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Questions Must Pertain to New Jersey or Federal Law
Have a Question? Click here: Personal Injury Questions VICTIMS OF SEXUAL ABUSE My daughter was the victim of a sexual assault by a neighbor, and the man is in jail. Can we take any civil legal action against him on our own? The answer is Yes. Victims of sexual assaults can sue the molester in civil court for monetary damages. New Jersey Statutes allow the recovery of a minimum of $10,000 if the sexual assault is proven, and the damages can be much higher. If the molester has been convicted in criminal court, you are practically guaranteed to be able to recover an award for monetary damages. What if the molester is in jail, how would we be able to collect on the damages award? If the molestor has personal assets, you can levy against them after obtaining an award. A recent development in the case law occurred on July 29, 1998 when the New Jersey Supreme Court ruled that the wife of a child molestor cannot remain silent about what she knows. She can be sued in civil court for her negligence in not revealing the abuse. Since this action would allege negligence on her part, there would probably be some type of insurance that would cover this, such as homeowners' insurance. What happens if it occurred several years ago or my memory of the events were repressed? Is there a problem with the statute of limitations? Minors may sue for personal injuries any time before two years after turning the age of maturity. In New Jersey, the age of maturity is 18 years old, so you can sue up until you are 20. There are exceptions to this, such as where the memory of the abuse has been repressed and becomes revealed to the person for the first time, but after the person is 18 years old. Then, the statute of limitation would not begin to run until that person first knows about his or her abuse.
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