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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.
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