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Barriers to Justice Removed for Victims of Sexual Assault & Abuse

RCSG partnered with firm representing sexual abuse/assault victims to pass a unanimous, bipartisan law removing legal barriers to justice—moving from concept to enactment in just ten months.

Client Profile: Herman Law Group

Herman Law Group exclusively represents victims of sexual assault and abuse, many of whom were abused as children, in their pursuit of justice. They have recently started engaging state legislatures and the federal government to advocate for policies that benefit the victims they represent.

Problem: Record Keeping Requirement Hinders Sexual Assault & Abuse Filings

  • Landmark legislation: In 2019, the New Jersey Legislature passed landmark legislation extending the time that victims of sexual assault and abuse have to file a civil suit against their perpetrator while also holding institutions accountable when they failed to act to prevent abuse.
  • Inequities in cases against government: Herman Law Group noticed that a technical barrier inadvertently remained. Victims filing a suit against a public entity under the Tort Claims Act had to prove at least $3,600 in medical expenses to move forward. This was not a requirement of cases against private organizations.
  • Barriers for child victims: Child victims often couldn’t meet the $3,600 threshold because they lacked access to their medical bills, never sought treatment, or records were long gone.

Strategy: Legal and Policy Groundwork Drive Swift Legislative Success

  • Acted With Urgency: Every day mattered, as delays meant potential claimants could be denied justice.
  • Leveraged Legislative Relationships: Re-engaged sponsors of the 2019 bill, educating them on barriers that still remained.
  • Navigated Sensitivities: Mapped key committees and the Governor’s legal team, ensuring they understood the legal issue, urgency, and narrow scope of the fix.
  • Preempted Opposition: Identified stakeholders who might raise concerns and proactively engaged them, addressing issues with friendly amendments.
  • Drove Momentum: Pushed relentlessly to keep the bill on a fast track, securing justice for victims through swift, decisive action.

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