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New Legislation and Court Rulings

 Here are some recent developments in the law that may be of some interest to our readers.

September 4, 1998

Gov. Whitman signs law to force insurance companies to pay for injuries to victims of domestic abuse. For more information, call 1-800-773-2225 or e-mail us at RS@sparaco.com

July 30, 1998

New Jersey Supreme Court rules that a wife must reveal physical or sexual abuse committed by her husband.

The Philadelphia Inquirer reports that the New Jersey Supreme Court ruled that a wife who knows or has reason to know about her husbands abuse of a child can by sued by the victim and the victim's family cannot keep quiet about it. "The decision 'sends a message that there are economic consequences of abusing children and standing by, knowing that abuse is taking place,' said Howard Davidson, director of the American Bar Association's Center on Children and the Law, in Washington, D.C."

This has significant impact on the ability of victims of child abuse (physical and sexual abuse) to recover monetary damages against the offenders. Normally, a child abuser would be charged in criminal court and could go to jail, making recovery against that person of any monetary damages difficult if not impossible. But now, if the wife of the abuser keeps quiet about it, she can be sued under the concept of negligence. She doesn't go to jail, and many times there would be insurance that would cover this type of occurrence, such as homeowners' insurance.

If you have been the victim of child abuse, whether physical or sexual, or you are the parent of someone who has been abused, we can give you the information you need as to whether you have the ability to pursue legal action. Just e-mail us at RS@sparaco.com and we can help you.

For FAQs on Victims of Sexual Abuse and their rights, click here: Victims of Sexual Abuse

August 20, 1997

Megan's Law wins Appeal in U.S. District Court

A federal appeals court in Philadelphia upheld Megan's Law, saying it was OK for New Jersey authorities to notify residents about sex offenders. But the 3rd U.S. Circuit Court of Appeals in Philadelphia said there must be changes in the law's procedures that permit sex offenders to challenge their risk assessment and the community-notification plan. For more information on Megan's Law, check out the law, itself:

Megan's Law

 

August 4, 1997

Governor Whitman signs new drug law bills. The bill extends to drug chemical manufacturers and marijuana growers the same heavy penalties of up to 20 years in prison that drug traffickers face. A controversial aspect of the new law allows police to charge marijuana growers according to the number of plants they are tending rather than the actual amount of marijuana involved. A second bill Whitman signed will allow authorities to seize more of the financial assets of convicted drug dealers. (Source: Ralph Siegel, Associated Press)

June 23, 1997

The United States Supreme Court ruled that states could keep convicted rapists, pedophiles and other violent sexual predators locked up even when their prison terms are over. They upheld a Kansas law that allows such offenders to be confined, possibly indefinitely, if they are found to suffer from a "mental abnormality" and are likely to commit other sex offenses if freed. (Source: Aaron Epstein, Inquirer Washington Bureau, The Philadelphia Inquirer)

 

October 24, 1997

Amendments to the Juvenile Offender Rehabilitation Act

This amendment was passed April 24, 1997 and goes into effect in six months. The Act now permits counties to establish boot camps for juveniles.

 

June 9, 1997

The "No Early Release Act"

Gov. Whitman signs new legislation requiring anyone convicted of most serious violent crimes (rape, kidnapping, assault with a weapon or sexual assault) serve 85% of their sentence. The bill applies to all crimes committed after the signing ceremony.

Experts feel that this new law will increase the number of cases brought to trial, and will create a significant backlog in the courts.

 

April 21, 1997

Senate OKs Jail Terms for Hit and Run Drivers

The NJ State Assembly has voted unanimously April 21, 1997 to approve a bill that holds jail sentences over the heads of drivers who flee an accident causing serious injury or death.

Click Here to Go to our Important Statutes Section