New Law Provides Window for Justice
The new law (S477) went into effect on December 1, 2019, and offers victims of child sexual abuse the ability to sue their abusers until the victim turns 55 or within seven years of realizing that the abuse caused them harm. Further, with the new law, victims who were once unable to bring a claim against their abuser due to the short statute of limitations now have two years to file a claim for the abuse they suffered, regardless of age. That two-year window closes on November 30, 2021.
New Jersey is the 11th state to pass such a statute of limitations bill. However, New Jersey’s law is unique because it includes a window for those who were sexually assaulted as adults to file lawsuits.
Victims considering filing a claim under the newly authorized statute should note that even if their victimizer was acquitted in a criminal court, they still could file a civil lawsuit. The standard of evidence in a civil lawsuit, known as the “preponderance of the evidence,” is often much easier to prove. Thus, the survivor has an increased likelihood of obtaining some form of recovery for their pain and suffering.
The trauma of sexual abuse can last a lifetime. Without help and healing, it can, heartbreakingly, leave long-lasting emotional and physical scars, such as PTSD, depression, anxiety, nightmares, poor self-esteem, recurrent nausea, and more. The statistics paint a horrifying picture. According to the Rape, Abuse & Incest National Network (RAINN), approximately 63,000 children fall victim to sexual abuse yearly, and an American is sexually assaulted every 92 seconds.
Victims deserve justice, but until recently, time limitations in New Jersey have made it extremely difficult for victims to file legal claims against those who abused them. Survivors of sexual abuse were given only two years to pursue litigation, and victims of child sexual abuse were given until age 20 to pursue civil claims.
Contact Hach & Rose, LLP at 646-685-8045 for a free, discreet consultation with one of our sexual abuse attorneys.
Who Can Be Held Responsible?
Sadly, victims are often taken advantage of by those they trust who have some power over them. It may be a coach or mentor entrusted with a minor’s care, a therapist trusted by a patient, or a religious institution seen as a sanctuary.
Perpetrators of abuse often include, but are not limited to:
- Relative(s)
- Teacher(s)
- Coach(es)
- Friend(s)
- Neighbor(s)
- Religious figurehead (i.e., priest/pastor)
- Foster parent(s)
- Law enforcement officer(s)
- Medical professional(s)
In a recent example, the Catholic Church in New Jersey released a list of almost 200 priests and others it concluded have been the subject of credible allegations of child sexual abuse. The state’s five dioceses released the list individually and included priests taken out of ministry after a scandal that changed how the church dealt with child abuse. The list is continually being updated. It has been widely speculated that most priests on the list were deceased. But that does not mean that hope is lost for the survivor.
Alongside the perpetrators who committed the actual crime, third parties can be held liable for their failure to protect the victim or for their negligent behavior.
These third parties can include but are not limited to institutions, organizations, or employers who are responsible for the actions of their employees, including:
- Religious Institutions (i.e., Catholic church, Mormon church, etc.)
- Youth Organizations (i.e., Boy Scouts, YMCA, Big Brothers Big Sisters, etc.)
- Schools or Academies
- Salvation Army
Meet the Hach & Rose, LLP Attorneys
You don’t have to carry your trauma alone. The sexual abuse and assault attorneys of Hach & Rose, LLP strongly believe abuse victims deserve compassionate representation by someone who values their well-being above all else. Our highly-skilled attorneys have decades of experience and have helped hundreds of victims nationwide. We know what it takes to obtain justice and will fight for it on your behalf.
We are dedicated to this highly specialized area of law. We have a thorough understanding of all laws related to sexual abuse and assault, regardless of whether the perpetrators were among the clergy, educational institution, or healthcare industry. Our attorneys are among the top litigators in New York. Among the many honors they’ve received, they have been selected for the New York Super Lawyers list and the New York Super Lawyers Rising Stars list and have also been named to the elite Multi-Million Dollar Advocates Forum. We understand that litigating these sensitive cases is far more than obtaining financial compensation. It’s about getting justice, a sense of closure, and finding a path forward.
Michael A. Rose
Michael Rose has one singular goal that has guided his life and career: to do everything in his power to ensure his clients get the verdict and compensation they deserve for their suffering. He’s an advocate for the weak, the hurt, and the abused, making victims of sexual assault a top priority. Out of a desire for justice, he advocates passionately on behalf of victims — his unyielding attitude in the courtroom has helped him secure tens of millions of dollars and numerous seven-figure jury verdicts and settlements for his clients. While he knows that nothing can make up for the hardships they have endured, his mission is to ensure that financial hardship will never again be experienced.
His professional honors are numerous, such as being featured in New York Magazine’s Top-Rated Lawyers in the New York Area, being included on the New York Super Lawyers list from 2013-2019, and being a lifetime member of the Million Dollar and Multi-Million Dollar Advocates Forum.
It is not his accolades that his clients love and appreciate, however. They love his heart. His compassion and empathy immediately put them at ease and allow them to share their difficult story in a safe environment.
He focuses on helping his clients achieve closure, move forward with dignity, and feel that their voices are heard. Michael Rose’s unparalleled litigation and negotiation experience, paired with his commitment to advocating on behalf of survivors of sexual abuse, are what makes him uniquely qualified to try these tough yet important cases.
Hillary M. Nappi
Hillary Nappi has always believed that children are precious and that we are responsible for protecting them, advocating for them, and giving them every opportunity in life. Hillary is an associate at Hach & Rose, LLP, and practices in complex civil litigation involving children and minors.
Children are the most vulnerable members of our society. They require the most patient, understanding, and relatable advocate possible, someone they can open up to without fear of judgment or skepticism. Hillary understands it’s often painful for survivors of sexual assault and abuse to disclose their trauma. Her unique and gentle approach to her clients is only matched by her vigor and unyielding disposition inside the courtroom.
She was awarded “Top 40 Under 40 Criminal Defense Attorneys” by National Trial Lawyer in 2018 and was named a 2018-2019 Super Lawyers Metro Rising Star. Her blossoming career shows her superior ability and personal involvement in every case she tries. Hillary is exceptionally fervent about her cases that involve minors. From educational matters to civil rights, discrimination, and bullying, she fights tirelessly on behalf of children everywhere, giving them the voice and justice they greatly deserve.
Halina Radchenko
Halina Radchenko is an expert in general negligence cases and a true asset to her clients. Named a Rising Star by Super Lawyers, she is esteemed as a passionate and skillful advocate for victims. It’s her mission to advocate for those who were injured due to the negligence of others, ensuring that they, or their families, are heard and compensated for what they have suffered.
Halina has been touched by the stories of many victims and their families throughout her career. Her experiences with these cases have driven her to pursue legal change better to serve other victims, potential victims, and society. She is actively involved in government and politics and is an officer of the New York State Trial Lawyers Association. The NYSTLA played an integral part in the passage of the Child Victims Act and other similar laws aimed at protecting victims. As an officer, Halina has a unique opportunity to discuss her client’s experiences with local and state representatives, explaining how a change in the law can lead to just results. Halina’s continued support and activity through NYSTLA and similar organizations demonstrate her desire for change through advocacy and supporting those victimized by injustice in the law.
John Blyth
John Blyth joined Hach & Rose, LLP in 2013, having devoted his career to helping the injured and mistreated. He is humbled to represent his clients, who often come to him at one of the most challenging times in their lives, trusting his compassion, instincts, and skill when they need it most.
In addition to representing survivors of sexual assault, he fights against abuse, neglect, and wrongdoing. His devotion to helping his clients obtain justice and secure full and fair compensation for their suffering is evident in all the cases he’s tried.
Named a New York Super Lawyers Rising Star, John Blyth has extensive courtroom experience and has tried numerous cases in New York state and federal courts. He is not just a compassionate attorney. He’s achieved outstanding financial results for his clients in trial, and his incredible litigation skills have been instrumental in obtaining many settlements in excess of $2,000,000.
John Blyth cares about his clients on a personal level and deeply about the outcomes of their trials. He is dedicated to obtaining justice for victims and their families, helping them to find closure and a way to move forward after tragedy.
Justice and Compensation for Survivors
For over 30 years, the New Jersey sexual abuse lawyers at Hach & Rose, LLP have helped hundreds of abuse victims nationwide. While we recognize that financial compensation can never fully reconcile all the anguish and trauma victims have suffered, we hope it will provide a sense of closure and justice that will help them move forward in a positive direction.
Our experienced New Jersey attorneys will fight for you or your loved one to recover compensation for the following:
- Medical expenses
- Counseling
- Transportation
- Loss of income due to injury
- Stolen or damaged property
- Pain and suffering
- Punitive damages
Our team will conduct a thorough investigation of your case and will hold all responsible parties accountable to pursue the maximum compensation you rightfully deserve.