The rights of sexual assault victims would be expanded in New Jersey again under new bipartisan legislation recently approved by the state Senate.
Under the proposed law, S1017, sexual assault victims would be notified of significant developments in their criminal cases, including if authorities obtain a DNA profile of an assailant.
“Victims of sexual assault deserve to be kept up-to-date and aware of all major developments in the investigation of their case, both for their peace of mind and for their safety,” said state Sen. Linda Greenstein, D-Middlesex, a lead sponsor of the bill.
“This legislation will establish that right and give law enforcement more clarity regarding their obligation to share that information,” she said.
The bill, which passed the Senate in a 38-0 vote on March 18, would expand the state’s “Sexual Assault Victim’s Bill of Rights” enacted in 2019.
It would also would allow sexual assault victims to be notified if an assailant’s DNA has been entered into a data bank for retention, matched with another DNA profile and if the sexual assault evidence has been submitted to a forensic laboratory for comparison.
“This measure would help dramatically improve the investigatory process for sexual assault cases,” said state Sen. Declan O’Scanlon, R-Monmouth, also a lead sponsor of the bill.
“By allowing victims to receive additional information about their case, and to provide input, this legislation would expanded the rights of victims and allow our criminal justice system to more effectively meet their needs,” he said.
The expanded law would also allow victims to designate another person to receive updates in their case.
An Assembly version of the bill, A3748, has not had a hearing yet.
The proposal to expand the rights of sexual assault victims follows previous legislation that broadened what officials can provide to victims after they go to police.
In April 2021, Gov. Phil Murphy signed a package of seven bills into law that expanded the rights of sexual assault victims, but did not guarantee victims access to information about forensic evidence.
Under the 2021 laws, victims are entitled to copies of police reports and notified when prosecutors are filing charges against their assailants. The victims also have a chance to seek “restorative justice,” which can include bringing a victim and assailant together to seek other ways to resolve a case if the victim does not want to file charges.
The bills were based on recommendations from Supreme Court Chief Justice Stuart Rabner, a panel of women involved with New Jersey politics studying harassment and misconduct and Katie Brennan, a former campaign volunteer on Gov. Phil Murphy’s campaign whose explosive rape allegations led to legislative hearings.
Staff writer Susan K. Livio contributed to this report.
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Brianna Kudisch may be reached at bkudisch@njadvancemedia.com.
