Free, Confidential, 24/7 Sexual Violence Support Services  908-233-7273

Legal Rights and Options

Survivors of sexual violence have important legal rights and protections

Survivor Rights

Survivors have the right to:

Receive medical care after an assault

Have a sexual assault forensic exam performed

Speak with a confidential advocate

Receive information about services and resources

Decide whether or not to report to law enforcement

Be treated with dignity and respect throughout the process

Protective Orders

New Jersey law allows survivors to request a civil protective order against the person who harmed them, even if they were not in a domestic relationship.

Protective orders may require the offender to:

Stop contacting the survivor

Stay away from the survivor's home or workplace

Avoid harassment or threats

Advocates can help survivors understand the process and provide support during court proceedings.

Support is here at every step.

Victims of Crime Compensation

Survivors may qualify for financial assistance through the Victims of Crime Compensation Office.

Compensation may help cover expenses such as:

Medical care

Counseling services

Relocation costs

Lost wages

Advocates can assist survivors with the application process. You can find information here: njoag.gov/vcco

Know Your Rights: The Details

▾  Select each topic below to expand it.

~Confidentiality and Mandatory Reporting

What a survivor shares with a CSVA is confidential with a few exceptions: if there is a disclosure of child abuse by a family member or caretaker, if there is a disclosure of the abuse of a vulnerable adult (which is a person over the age of 18 that lacks the ability to care for themselves), or if there is a clear threat to harm themselves or another person. By law, the CSVA is required to breach confidentiality and report these incidents to the proper authorities.

~Survivors Reporting to Law Enforcement

The decision to report the sexual assault is completely up to the survivor. 

Here at the UCRCC, we believe in empowering survivors to find their voices and regain control of their lives. While it is true that the sooner law enforcement is able to begin investigating, the better the chances are of gathering evidence, we would NEVER force anyone to go through any part of the process they were not ready for. The survivor still has the right to have the Sexual Assault Forensic Exam (SAFE) done, even if they choose not to report. This is called the “Jane Doe” or “John Doe” option.

~Jane/John Doe

Choosing to go Jane or John Doe enables a victim to have forensic evidence collected without reporting to law enforcement officers. Upon completion of the exam, survivors are provided with a code number they can use to identify themselves with should they choose to report at a later date. If the survivor is:

  • Under the age of eighteen (18), they have up to twenty (20) years after their 18th birthday;
  • Eighteen (18) years of age and over, the kit is held for twenty (20) years.
After these time periods have expired, the kit will be discarded. However, the survivor may still report after this time, if they choose to. This is due to the New Jersey Statute of Limitation Reform.
~NJ Statute of Limitations
In New Jersey, the criminal statute of limitations was eliminated for most sexual offenses or assaults in 1996.
The civil statute of limitations has been extended to allow all victims of sexual assault to have seven years to pursue civil action against the person who harmed them. 
– Survivors Sexually Abused When Under the Age of 18
Survivors of child sexual abuse can now file a lawsuit against individual perpetrators and negligent institutions, both public and private, prior to their 55th birthday or seven (7) years from the discovery of damages, whichever is later.
– Survivors Sexually Assaulted When Age 18 or Older
Adult survivors of sexual assault now have seven years from the offense or seven years from discovery, whichever is later, to file a lawsuit.
**For additional information on criminal and civil laws, please click HERE to view our Legal Resources.**
References
The New Jersey Coalition Against sexual Assault. (2019). Civil statute of
limitations for sexual assault. NJCASA | The New Jersey Coalition Against Sexual Assault. https://njcasa.org/wp-content/uploads/2019/11/Civil-Statute-of-Limitations.pdf
Zero Abuse Project. (2022). Civil Sexual assault statute of limitations one pager.
Survivors Have the Right to…
  • Choose whether to report to law enforcement.
  • Be free from any suggestion that they must report the crime to have their rights guaranteed.
  • Be free from any suggestion that victims should refrain from reporting crimes in order to avoid unwanted personal publicity.
  • Have their report of sexual assault treated seriously.
  • Existing medical, counseling, mental health, or other services available for victims of sexual assault, whether or not the crime is reported to law enforcement.
  • Treatment and interviews provided in a language in which the victim is fluent.
  • Assistive devices to accommodate disabilities that the victim may have.
  • Testing for HIV or any other sexually transmitted infections and assistance with compelling and disclosing the results of testing for a communicable disease from the person who caused harm.
  • Evidence collection and preservation. Evidence collection is time sensitive and should occur within seven days of the assault. Survivors can choose to have evidence collected whether or not they pursue a criminal case. All forensic evidence is retained for a minimum of twenty years. If the survivor chooses to report to police, either at the time of collection or later, they can request information on the status of the evidence.
  • Financial compensation. The Victims of Crime Compensation Office (VCCO) offers assistance with accessing compensation for expenses that occurred as a result of an assault, including the cost of mental health counseling, medical bills, relocation, and loss of earnings. Survivors can reach the VCCO at (877) 658-2221 or http://www.NJVictims.org.
  • A civil protective order. Under the Sexual Assault Survivor Protection Act of 2015, survivors can seek a civil protective order against the person who caused them harm if there is risk of further harm.
  • The no-cost services of a Sexual Assault Response Team (SART), if the survivor is over the age of 13. A SART is comprised of a Confidential Sexual Violence Advocate (CSVA), a Law Enforcement Officer (LEO), and a Forensic Nurse Examiner (FNE).

The survivor can choose to work with one, two, or all three of the SART members.

V.A.S.P.A. formerly known as the Sexual Assault Survivor Protection Act (or S.A.S.P.A.), has had an important amendment go into effect this month!
S.A.S.P.A. was passed into law in November 2015 and was enacted in May 2016. Its purpose was to expand opportunities for survivors of sexual violence who had no type of domestic relationship with their assailant, to apply for a protective order against their perpetrator, without reporting to law enforcement or filing criminal charges. The amendment will expand the scope of this act to apply the same procedures for obtaining protective orders for victims of stalking or cyber-harassment, whether or not there were any nonconsensual sexual encounter between the actor and victim. Since this expansion now covers interactions not of a sexual nature, they decided to rename this bill to the “Victim’s Assistance and Survivor Protection Act” (V.A.S.P.A.).
The application for the initial, temporary protection order can be filed in the Superior Court having jurisdiction over the place where the alleged conduct occurred, where the alleged actor resides, or where the alleged victim resides or is sheltered. The temporary protective order would:
  • Limit the contact of the alleged actor with the victim
  • Prohibit the respondent from committing or attempting to commit any future act of stalking or cyber-harassment
  • Prohibit the respondent from having any contact with the alleged victim or others, including an order forbidding the respondent from personally or through an agent initiating any communication likely to cause annoyance or alarm including, but not limited to, personal, written, or telephone contact, or contact via electronic device.
  • Prohibit the respondent from entering the residence, property, school or place of employment of the alleged victim or the alleged victim’s family or household members, and requiring the respondent to stay away form any specified place that is named in the order.
  • Prohibit the respondent from following, harassing and threatening to harm, stalk, follow, or harass the victim
The relief provided for in the final protective order could be the same or more expansive as that available through the temporary protective orders.
Click HERE to download the V.A.S.P.A. filing packet.
To learn more about V.A.S.P.A. or to have an advocate accompany you through the process, contact us at 908.233.7273. For additional information, please visit the links below:

For many survivors, their experience lasts beyond the assault itself. There are often fears that their assailant would one day return and hurt them again in some way.

V.I.N.E. is a free confidential service that allows crime victims and other concerned citizens access to information regarding offenders. To register with the service, you will need one of the following:

  •    Offender Name & Date of Birth
  • Offender SBI (State Bureau of Identification) number
If the offender is in custody, you can leave a phone number to be notified if there is a change in the offender’s status, such as:
  • Release
  • Transfer
  • Escape
  • Return from Escape
  • Unsupervised Custody
  • Out to Court
  • DOC Parole Actions
  • Death
While this service is helpful as part of a survivor’s safety plan, it should not be their only means of protection. If there is an immediate safety concern, call 9-1-1.

Click HERE to learn more about the New Jersey V.I.N.E. Service.

The New Jersey Victims of Crime Compensation Office assists qualifying individuals whose lives have been tragically altered as a result of victimization from violent crimes by providing compensation for some expenses they suffer as a result of the crime.
A victim seeking VCCO benefits may receive a maximum award of up to $25,000. If a victim’s injury is catastrophic, meaning the victim has lost permanent use of a bodily function, the maximum award increases up to an additional $35,000.
How do I qualify for assistance? 
If you are a victim or claimant (person filing for a victim or dependents of the victim) you must show that: 
  • Crime is eligible under the statute. 
  • You are a resident of the State of New Jersey or the crime occurred in this State. 
  • You have compensable financial losses as a result of the criminal act. 
  • The crime was reported to law enforcement within 9 months, and you submitted this application within 5 years from the date of the crime. Consideration will be taken if “good cause” exists for delayed filing.
  • You cooperated with police and prosecutor’s office. However, eligibility is not dependent upon conviction or prosecution of the offender. 
  • Insurance and other payment sources such as restitution paid by the offender will not cover the bills submitted. 
  • With the exception of homicide cases, you did not contribute to your injuries, provoke the incident, and were not responsible for or participated in the crime that caused your injuries. 
  • You do not have any outstanding VCCO assessments imposed for convictions.
  • You do not have any outstanding warrants for indictable offenses or pending criminal charges in Superior Court. 
How to apply:
Applications can be found in:
  • Law enforcement agencies
  • Medical institutions
  • Prosecutor’s office
Or download it here.

You Are Not Alone

Confidential support is available 24 hours a day. Reach out whenever you are ready.

Call 908-233-7273
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