Being sued for a violation of the Child Sexual Abuse Act?
Are you being sued for a violation of the Child Sexual Abuse Act? (CSAA), N.J.S.A. 2A:61B-1
The Child Sexual Abuse Act, (CSAA), N.J.S.A. 2A:61B-1, was enacted in 1992. The purpose of the act was to allow alleged victims of sexual abuse to get around the two year statute of limitations that exist for all other personal injury claims. Thus, if you are being sued under the child sexual abuse act, chances are that this allegation is old, perhaps very old. Unfortunately, there are some lawyers that file law suits in an effort to scare people into settling even though there is little to no evidence to support the law suit. While there are definetly people that were abused as a child, most of the good claims have already been dealt with. To keep things going, some of the law suits filed now, may be rather weak if not completely fabricated by the plaintiff. The lawyers that file these claims may be very aggressive so you need a tough defense. Our team of tough, smart lawyers know how to fight back against child sexual abuse law suits.
While the laws associated with the child sexual abuse act can be complicated, there are a few things you should know. Under the law, sexual abuse means an act of sexual contact or sexual penetration between a child under the age of 18 years and an adult. In other words, this a broad definition that includes a number of different acts. Furthermore, a parent or someone, foster parent, guardian or other person standing in loco parentis within the household who knowingly permits or acquiesces in sexual abuse by any other person also commits sexual abuse, except that it is an affirmative defense if the parent, foster parent, guardian or other person standing in loco parentis was subjected to, or placed in, reasonable fear of physical or sexual abuse by the other person so as to undermine the person’s ability to protect the child. Ok, that was a mouthful so lets break that down. A parent or anyone that is in a parental type role who allows the abuse to occur or doesn’t stop it from happening is also liable for sexual abuse. As a result, couples such as husbands and wives, fathers and mothers, and boyfriends and girlfriends are often sued together. However, the statute can also use a defense that there is reasonable fear that prevented them from stopping the abuse. Of course, not knowing about the abuse is also a defense.
So if you are being sued under the child sexual abuse act in any court in New Jersey, call our team of tough, smart attorneys to discuss your case. We will fight for you!