New Jersey's Statute of Limitations for Sex Offenses
New Jersey observes a lengthy statute of limitations for bringing civil and criminal cases after sexual offenses. If you have been accused of sexual assault or a related crime, hiring an experienced criminal defense attorney is critical to understanding these deadlines and defending your charges.
At Aiello, Harris, Abate Law Group PC, we help clients understand the New Jersey statute of limitations for sex offenses, as well as the related New Jersey sex crime laws, and craft compelling defenses against their charges. Contact us as soon as possible to begin working with our criminal defense lawyers.
New Jersey’s Limitations and Timelines for Bringing About Charges for Sex Offenses
To understand the statute of limitations in NJ for sexual offenses, you first need to understand the difference between criminal and civil lawsuits.
A criminal prosecution holds a person accountable for breaking the law. The penalty is jail time or other judge-ordered consequences.
A civil lawsuit holds a person accountable for physically or emotionally injuring a victim. The penalty is financial damages that they must pay to the plaintiff or their family.
Statute for Criminal Charges
In New Jersey, there is no criminal statute of limitations for the majority of sexual offenses that occurred during or after 1991. This means a person could bring criminal charges against you at any time, no matter when the alleged offense occurred.
Still, the longer a person waits to bring about criminal charges, the less evidence they will have access to. Victims of sexual crimes are encouraged to report the offense as soon as possible.
Statute for Civil Charges
Meanwhile, there is a definitive statute of limitations in place for civil charges involving sexual offenses. In 2019, Governor Phil Murphy signed new legislation that extended the New Jersey statute of limitations for sex offenses. While the previous deadline was just two years in many cases, the updated statute of limitations is as follows:
For sexual offenses that occurred when a person was under 18: The statute of limitations is either their 55th birthday or seven years from the date of discovery, whichever is later.
For sexual offenses that occurred when a person was 18 or older: The statute of limitations is seven years from the offense or the date of discovery.
For survivors whose sexual offense occurred between December 1, 2019, and November 30, 2021: There is no statute of limitations.
If a person has recently threatened you with sex offense charges, understand that this threat might not go away for some time. Contact our sexual assault attorneys as soon as possible.
Sexual Assault Charges Dismissed in Somerville, NJ
A recent case in Somerset County, Somerville, New Jersey, venue in the Superior Court proved that point. A man was accused of sexual assault, violation of NJSA 2C: 14-2. The allegation was that while a woman was drunk, he took advantage of her and committed the act of sexual assault. He was in prison for five to 10 years, under Megan’s Law.
New Jersey adopted Bill S2652 in November 2024 to revise statutory terms related to the sexual exploitation or abuse of children, promoting victim advocacy and support. Our attorneys will review these new definitions with you and help you understand how they may impact your civil and/or criminal case.
For example, victims of child pornography or sexual exploitation material are eligible to recover three times the financial gains made by those who exploited them. The bill also enacts stricter requirements for those who must register as sex offenders in their jurisdictions.
Possible Defenses Against Sex Crimes In New Jersey
Whether you are facing civil charges for sexual assault or just criminal charges, our attorneys will help you craft a strong defense. We fully understand the New Jersey statute of limitations for sex offenders and how this may help or hurt your case. We may use any of these defenses as part of your representation:
Consent: The person consented to the sexual interaction, so it does not qualify as assault.
False accusation: The alleged victim falsified the allegations against you.
Lack of evidence: There is no evidence proving the alleged victim’s accusations. This defense is especially common in cases that occurred over a year prior.
Lack of credibility: The alleged victim’s statements are not credible and should not be taken seriously.
Alibi: You have a solid alibi for the time that the alleged sexual offense occurred.
We craft personalized defenses based on the unique circumstances of your case. Allow us to act as your qualified sex crimes legal counsel and give you peace of mind during your discovery and trial.
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Why Choose Aiello, Harris, Abate Law Group PC?
If you are facing a sexual abuse lawsuit or criminal charges, you need an experienced legal team that fully understands New Jersey’s statute of limitations for sex offenses and related sex offense laws. At Aiello, Harris, Abate Law Group PC, we stand out because of our:
If you need help understanding the New Jersey statute of limitations for sex offenses or defending charges, our attorneys are ready to assist you.
Call us today at (908) 873-3571 or use our contact form. Your initial consultation will be conducted over the phone, and you can schedule an appointment at one of our office locations throughout New Jersey.
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