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Bill

A 2916

Concerns victim's right to rape care advocate under certain circumstances.

2024-2025 Regular Session Introduced by Gary Schaer

Gives sexual offense victims aged 12+ the right to have a rape care advocate present during medical exams and police interviews; requires responders to notify designated centers.

Introduced in the Assembly, Referred to Assembly Judiciary Committee
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Bill Summary · A 2916

Summary of New Jersey Bill A 2916 (Introduced 01/09/2024)

Overview

Bill A 2916 establishes the right of victims of sexual offenses to be accompanied by a designated rape care advocate at key stages of medical examinations and law enforcement/prosecution interactions. The bill creates procedural requirements for law enforcement, medical providers, prosecutors, and rape crisis centers to ensure advocates are available to the victim during investigations, interviews, and related examinations. It targets victims aged 12 and older and defines the roles of designated rape crisis centers and rape care advocates.

Purpose and Intent

  • Acknowledges designated rape crisis centers and rape care advocates as essential services that support victims through medical, legal, and investigative processes following a sexual offense.
  • Aims to provide victims with compassionate, informed advocacy and ensure their rights are protected during investigations and examinations.

Key Definitions

  • Designated rape crisis center: A countywide organization that provides counseling and advocacy to sexual offense victims, under contract with the Division on Women in the Department of Children and Families.
  • Rape care advocate: A person (staff or volunteer) who specializes in counseling sexual offense victims and meets the minimum qualifications of a victim counselor.
  • Sexual offense: Includes various offenses such as sexual assault, aggravated sexual assault, criminal sexual contact, aggravated criminal sexual contact, fourth-degree lewdness, and certain endangerment of a child by sexual conduct.
  • Victim: A person aged 12 or older who alleges or is alleged to have suffered injury due to a sexual offense.

Core Provisions

3. Rights and Notification by First Responders

  • When a sexual offense is alleged, the first responding law enforcement officer must immediately notify the local designated rape crisis center, regardless of when the offense occurred.
  • The victim has the right to have a rape care advocate present and to confer with that advocate before and during any medical, evidentiary, or physical examination.

3(b). Medical Provider Responsibilities

  • Before any medical, evidentiary, or physical examination, the first responding medical provider must notify the local designated rape crisis center.
  • The rape care advocate must inform the victim (orally or in writing) of the right to have the advocate present and to confer with the advocate during examinations.

4. Rights During Investigations and Interviews

  • In cases involving a victim of a sexual offense, the victim has the right to have a rape care advocate present and to confer with the advocate before and during any interview, statement, or contact with law enforcement authorities, prosecuting attorneys, or defense attorneys.
  • Before any law enforcement interview, statement, or contact related to a criminal action arising from a sexual offense, the law enforcement agency or prosecuting attorney must notify the local designated rape crisis center.
  • The victim must be notified (orally or in writing) by the rape care advocate of the right to have the advocate present and to confer with the advocate prior to and during any such interview or contact.

Effective Date

  • The act provides for immediate effect upon enactment.

Who Is Affected

  • Victims of sexual offenses (ages 12 and older).
  • First responders (law enforcement officers and medical providers).
  • Prosecutors, defense attorneys, and other parties involved in investigations and prosecutions.
  • Designated rape crisis centers and rape care advocates, who would receive notifications and provide advocacy services.

Legislative Status

  • Introduced in the New Jersey Assembly on January 9, 2024.
  • Referred to the Assembly Judiciary Committee for consideration.

Compiled from official sources — confirm details with the bill’s official record.

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