Justice for All
Because the law in New Jersey was not clear, defense lawyers argued that
students abused at non-profit schools, or children violated at churches
where they were members, could not hold the institution responsible -- even
when these organizations were criminally negligent.
As absurd as this argument was, New Jersey's courts bought into it. Time
and again, civil litigation was dismissed by our state's judiciary. In one
sexual abuse lawsuit, a Mercer County judge ruled that the American Boychoir
was not "eviscerated of the law's protection against lawsuits even
if its conduct was wanton, wilfully, or criminally negligent".
In fact, in the case of the American Boychoir, untold numbers of students
were abused by uncounted numbers of staff over a period of several decades.
The story was reported in the New York Times, ABC News and other media.
The school's lawyers argued that it cannot be held accountable for the abuse
of children no matter how pervasive. The lawyers argued the state's Charitable
Immunity Act is ironclad and protects them for all misdoing.
Religious organizations, too, have fought off many sexual abuse lawsuits
in the same manner. In New Jersey, their lawyers argue, charitable institutions
are not accountable to victims.
But our lawmakers never intended to write such a law. The state's most fundmental
duty has always been to protect its children.
Through our efforts and the hard work of many victims and advocates for
children, New Jersey's law was changed when Governor Richard Codey signed
legislation retroactively ending the state's charitable immunity law in
cases of child sexual abuse.
Click the links above to read about our road to success.
Thank
you for stopping by today. FixTheLaw.org has some exciting news. On January
5, 2006, Governor Richard Codey signed bill S540/A2512 into law. This law
removes Charitable Immunity protections from all organizations when it has
played any role in allowing the sexual molestation of a child.
Our Law makers in New Jersey enacted this law retroactively, sending a clear
message, Charitable Immunity laws adopted years ago were never meant to protect
the assets of any organization over the rights of children to be safe from
sexual abuse. Responsible charities would not seek such protections, which
places them beyond the reach of the law.
This legislative victory will make New Jersey a safer place for our children
as all institutions have been put on notice, they can and will be held responsible.
Yet there is still so much more which needs to be done. Although complete
charitable Immunity protections exist in only two more states, Alabama and
Tennessee, many states still have very short statutes of limitations which
prevent those victimized as children from obtaining justice, when they begin
to realize the connection between their abuse history and the real harm which
has been done to them. Society certainly realizes that those abused as children,
will often not come forward for many years. The sexual molestation of a child
is such a heinous crime, no statute of limitations should exist when such
serious offenses are committed against minors. We hope you will help us change
these injustices.
FixTheLaw.org wants to assist the citizens and children from any state in
this country where laws prevent justice or fail to adequately protect our
children from sexual victimization. To that end we are beginning a major overhaul
of our website. We will create areas for the several states currently working
on such law reforms. We would like to hear from you if you are aware of any
bills in your state, which restores justice to those abused as children, or
helps hold sexual predators accountable. I hope you will visit here again
soon and I ask that you join our efforts as we work to FixTheLaw!
Thank You,
Director, FixTheLaw.org
Mark Crawford