Childhood Sexual Abuse in New Jersey Schools

In 2019, the New Jersey Child Victims Act went into effect, which expanded the statute of limitations for victims of sexual abuse as a minor to file a civil lawsuit against the entities responsible for allowing the abuse to occur. A victim of child sexual abuse at a school, whether private or public, has until the age of 55 to come forward and bring a civil action, regardless of when the abuse occurred.

RAM Law partners Jay Mascolo and Matthew Bonanno specialize in representing victims of child sexual abuse in civil actions against public school districts and private schools. They have been at the forefront of litigation involving sexual abuse and schools since the landmark law was passed in 2019. They currently represent dozens of victims of abuse as underage students in lawsuits throughout the State of New Jersey.

Sexual abuse can occur in any school setting, whether public or private. This form of abuse involves any sexual activity between a minor student and a teacher, coach, administrator, or other student. Oftentimes, the victim is groomed through inappropriate conversations and relationships which ultimately leads to illegal touching.

Such abuse can have profound and lasting effects on the survivor, impacting their mental, emotional, and physical well-being. Survivors of childhood sexual abuse in schools often face significant challenges in coming forward, but seeking justice and holding perpetrators accountable is crucial for their healing process.

Jay and Matt work closely with victims and their families to ensure that these sensitive issues are handled carefully. At the same time, they aggressively investigate the facts of what occurred and develop the legal strategy to effectively pursue litigation against the responsible entity to achieve a just recovery for the victim. The focus of the case often involves school policies and procedures, prior knowledge of inappropriate activities, background checks, oversite, and supervision.

Public and Private School Litigation

One of the most important factors in litigation involving student sexual abuse and schools is whether the school is public or private. Understanding the differences between litigating cases in public and private schools is crucial for an effective legal strategy. While the legal process may differ between public and private schools, the goal remains the same: to seek justice for survivors and hold responsible parties accountable.

Public Schools

Lawsuits against public entities in New Jersey are subject to laws outlined in the New Jersey Tort Claims Act. These laws provide certain levels of immunities available for public entities and limits to plaintiffs who file lawsuits. In other words, public entities have built-in defenses to civil lawsuits against them. The 2019 Child Victims Act made significant changes to the New Jersey Torts Claims Act and made it easier for victims of child sexual abuse in public schools to bring claims and lawsuits against the public school district.

When bringing the claim against the public school, the victim must still contend with several of the defenses that remain available to the school districts under the Tort Claims Act. Courts in New Jersey have been deciding important cases since 2020, which impact these claims under the new law. Jay and Matt have been and continue to be at the forefront of some of these key cases, including several at the Appellate Court level.

Private Schools

Private schools do have many of the built-in defenses available to public schools. However, civil litigation involving child sexual abuse against these schools often presents its own set of hurdles. Private schools may also be governed by different regulations and contractual agreements, which can impact the course of litigation. The focus of the case often centers on policies and procedures that may have been inadequate to ensure the student’s protection at the time.

Insurance coverage also may play an important role in litigating against private schools for child sexual abuse. Investigation into this insurance coverage becomes complicated at times since the abuse may have occurred decades earlier from the 1980s to the early 2000s. It is important to identify if insurance coverage is available as it impacts the potential settlement of the claim.

Investigations of potential witnesses also play a crucial role in civil suits against schools. Prior to filing suit, we attempt to contact former students or teachers who may have knowledge of the perpetrator or the school’s policies and procedures. After a suit is filed, these witnesses are often subpoenaed to conduct a deposition.

If you or a loved one has been a victim of childhood sexual abuse in a public or private school as a student, contact RAM Law today for a free, confidential consultation. The statute of limitations to bring civil claims has expanded. Lawsuits can be filed anonymously to protect the identity and privacy of the victim.