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New Test For Tolling Child Sex Abuse Statute Of Limitations In NJ

June 12, 2009

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The New Jersey Supreme Court has established a two part analysis that trial judges must follow to decide whether and for how long the two year statute of limitations in child sexual abuse cases can be tolled. The Court in R.T. v. Voytac, held that a trial court must first perform an objective test to determine when a reasonable person would have discovered the cause of his injuries. If that period is more than two years prior to the filing of the complaint, the court must then apply a subjective test to determine whether the statute should be tolled because of " the plaintiff's mental state, duress from the defendant, or any other equitable grounds".
<a href="http://www.judiciary.state.nj.us/opinions/supreme/A-61-08%20RL%20v%20Kenneth%20Voytac.pdf">http://www.judiciary.state.nj.us/opinions/supreme/A-61-08%20RL%20v%20Kenneth%20Voytac.pdf</a>

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