Justice for All

Because the law in New Jersey is not clear, defense lawyers have successfully argued that students abused at non-profit schools, or children violated at churches where they were members, cannot hold the institution responsible -- even when these organizations were criminally negligent.

As absurd as this argument may be, New Jersey's courts have bought into it. Time and again, civil litigation has been dismissed by our state's judiciary. One Mercer County judge recently ruled that the American Boychoir is 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. (Read the New York Times story on our "Press" link above).

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.

New Jersey's law must be made clear: when it comes to our children's right to be free from sexual abuse, each and every organization must be held to reasonable standards of care.

A2512 makes that clear. The law, when passed, will enable all victims to hold charitable organizations responsible for child sexual abuse.

To read A2512, click our "Read the Law" link at left.