6-11-09 R.L. v. Kenneth Voytac (A-61-08)
Pursuant to the Child Sexual Abuse Act, a trial court must first
determine when a reasonable person subjected to childhood sexual
abuse would discover that the defendant’s conduct caused him or
her injury (an objective test). If that period is more than two
years prior to the filing of the complaint, then the court must
next determine whether the statute should be tolled because of
“the plaintiff’s mental state, duress by the defendant,other equitable grounds,” (a subjective test).
Richard Sadowski
Assistant Editor
