Prosecutors would be required to notify victims of sexual assault about whether charges will be filed against their assailants under a bill passed by the New Jersey Senate on Thursday.
The measure is part of a package of eight bills sponsors say are meant to protect the rights of victims and avoid the revictimization of sexual assault survivors. All were approved by the Senate unanimously.
“Far too often, survivors of sexual assault who have the courage to come forward are victimized a second time,” state Sen. Loretta Weinberg, D-Bergen, said in a statement. “These bills aim to remedy the pitfalls in our criminal justice system and workplaces that allow violence and misogyny to continue. These bills would empower survivors to become informed and pursue their rights.”
Other bills would create a three-year “restorative justice” pilot program in three counties for victims of sexual assault who decline to pursue criminal prosecution and give those who do pursue criminal charges a chance to review the incident report connected with their complaint.
“At times when survivors of sexual assault finally receive a copy of the police report they filed, they discover it minimizes and distorts the account they gave of their experience, but at that point, there’s nothing they can do to change it,” state Sen. Teresa Ruiz, D-Essex, said in a statement. “By providing people the opportunity to review and contest their police report, before it’s formally filed, we can ensure the survivor’s voice is documented and reflected in the final product.”
The package of bills reflects recommendations from Supreme Court Chief Justice Stuart Rabner, a panel of women in New Jersey politics and Katie Brennan, a former volunteer on Gov. Phil Murphy’s campaign whose explosive rape allegation against campaign staffer led to legislative hearings in 2018 and 2019.
Brennan, now chief of staff at the New Jersey Housing and Mortgage Finance Agency, accused a former Murphy campaign adviser of raping after a campaign gathering in 2017. He has denied the allegation and two county prosecutors declined to prosecute.
The bills would:
- Establish a three-year “Sexual Violence Restorative Justice Pilot Program” in North, Central and South Jersey to bring survivors and their abusers together to seek collective healing solutions outside the judicial system. (S3070).
- Require police departments provide a copy of the rape complaint and a form the victim could submit that makes corrections or additions. A county prosecutor’s office staffer will be named to help victims complete the forms. (S3071)
- Require victims receive an information packet explaining their rights, the law, the court process and available counseling services. They would also get a phone number to call for updates on their case. (S3072)
- Require county prosecutors notify victims whether charges will be filed in a manner of the victims’ choosing — including by phone, text or in-person meeting. (S3073)
- Mandate the attorney general track sexual assault cases and issue an annual report with statistics on how many complaints were filed and how many were either not prosecuted or led to indictments, charges or plea agreements. (S3074)
- Require the State Police and local police departments to name and train sexual violence liaison officers to serve as the in-house expert and primary point of contact on sexual violence cases. (S3075)
- Mandate training for county prosecutors and assistant prosecutors who handle sex crimes on how to handle sexual assault cases, including training on alternative restorative justice methods outside of the court system. While Attorney General Gurbir Grewal announced a similar director two years ago, this legislation would it codify it in law. (S3076)
- Expand who may file a sexual harassment complaint, to include employees, interns, volunteers and members of any state agency or gubernatorial transition office or person doing business with the state. Investigation would need to be completed within 60 days, and the person who filed the complaint would have an opportunity to appeal the decision to the Civil Service Commission (S3078)
NJ Advance Media reporters Susan K. Livio and Kelly Heyboer contributed to this report.