Survivor’s Rights

Knowing your rights as a survivor of sexual violence, as well as the resources available to you, are essential to healing. At FSL, we are here to help through both education and direct victim assistance programs.

What are Survivor’s Rights? What are reporting rights?

  • All Essex County law enforcement agencies and the six SART-participating healthcare facilities (see below) must provide sexual assault victims with SAVE of Essex County information, regardless of whether the incident was reported to police or a forensic exam was conducted.

  • SAVE of Essex County information must be provided to a victim before a medical forensic exam or a law enforcement statement is taken.

  • Victims must have the opportunity to speak privately with a Confidential Sexual Violence Advocate (CSVA) prior to and during any medical or legal proceedings.

  • Victims have the right to have a CSVA present during any medical exams, law enforcement interviews, and/or court proceedings.

  • There is no statute of limitations in reporting a sexual assault in the state of New Jersey; survivors do not have to give a statement to law enforcement while at the hospital. Survivors can choose to make a statement at any time, and can go to a police precinct or the Prosecutor’s Office when they feel more comfortable.

Frequently Asked Questions

What is the Sexual Assault Response Team (SART)?????

  • SART is an interdisciplinary team trained to respond to incidents of sexual violence. The team is comprised of Confidential Sexual Violence Advocates (CSVAs), Law Enforcement, and Forensic Nurse Examiners (FNEs). When the SART is activated by a victim of sexual violence, the team members work together to provide support through examinations, information, referrals, and more. 

  • CSVAs at SAVE of Essex County are trained to support survivors and their loved ones by offering crisis intervention and emotional support while maintaining confidentiality, offering referrals and information about other resources, and accompanying victims through medical, legal, and court proceedings. 

  • Victims and survivors can go to a SART-participating hospital in Essex County or to a local precinct to activate SART 24/7.

  • The six SART-participating hospitals in Essex County are:

  • Victims who are 13 years of age or older, experienced an assault within the last 5 days, and consent to a SART activation are eligible to access the SART services. 

What should I do if I do not want to report the assault?  

  • While it may sometimes be better to make a report while the details are freshest, the aftermath of an assault can be deeply overwhelming and survivors may not feel ready or comfortable to speak with police at the hospital or at all.  

  • Reporting is a personal decision, and survivors do not have to give a statement to law enforcement while at the hospital, or at all.

  • Even if a survivor chooses not to report, seeking medical attention is highly recommended. 

    • A survivor may decide not to report at the time of the assault, but may make the decision to change their mind later on. For this reason, forensic evidence is held for 20 years (see “How Long Do Prosecutors Hold Kits?” for more information)

  • Should a survivor make a decision to report at a later date, they are still entitled to have a CSVA present while they make their statement.

  • You can also receive free and confidential counseling services at Family Service League/SAVE. 

    • Please note that counseling at FSL is free of charge regardless of when the assault happened.

How Long do I Have to Get a Sexual Assault Forensic Evidence (SAFE) Kit?

  • A SAFE Kit is completed by a Forensic Nurse Examiner or Sexual Assault Nurse Examiner at a SART-participating hospital (See above). This medical examination documents the medical and physical aspect of the assault and can be used as evidence in legal proceedings.

  • Get a SAFE kit done as soon as possible, ideally within 72 hours. The exam can be done up to 5 days after the assault. 

  • Victims are eligible to activate the SART if the assault occurred within 5 days. 

  • In New Jersey, no victim is charged for the completion of a medical Sexual Assault Forensic Evidence (SAFE) Kit or a Drug Facilitated Sexual Assault (DFSA)/Toxicology Kit.  

    How Long Does the Prosecutor’s Office Hold the SAFE Kit???????

  • Specimens collected during a forensic medical exam and preserved in SAFE/DFSA kits are only provided to law enforcement at the time of the examination if the victim consents to release the kit(s) and decides to report the incident to police.

  • When the victim does not consent to release to law enforcement, the SAFE/DFSA kits are unreported and often referred to as “Hold” kits

  • Unreported, or Hold kits, are secured for a minimum of twenty (20) years from the date of the examination where the victim is an adult, and a minimum of twenty (20) years after the victim reaches the age of 18, where the victim is a minor at the time of the incident. At the conclusion of the 20-year retention period, any unreported kits may be destroyed.

Is My Response to the Assault Normal?

Traumatic events are described as those that are beyond the brain and body’s ability to fully comprehend in the moment; as a result, it is normal for survivors to feel a wide range of intense emotions in the aftermath of a traumatic event, including, but not limited to: 

  • Numbness

  • Heightened fear and panic

  • Jumpiness 

  • Flashbacks 

  • Intrusive thoughts, memories, or dreams 

  • Trouble sleeping

  • Feeling distant or detached from the present

  • Unable to concentrate 

  • Easily upset or angered 

  • Flooding of emotions

Additionally, it is normal for survivors of sexual assault and other traumatic events to not remember exactly what happened or the full sequence of events. Some people may not fully remember the event or important details until days later, making reporting to law enforcement or telling the story to hospital staff or other professionals challenging and potentially triggering.

Other Important Information

The Victim Assistance and Survivor Protection Act

  • The Victim Assistance and Survivor Protection Act (VASPA) was put into effect on January 1, 2024. This law allows victims of actual or attempted non-consensual sexual contact, penetration, lewdness, cyber-harassment, and stalking to apply for a protective order against their perpetrator without filing legal charges or reporting to law enforcement.

  • This is a civil protective order that is granted through a temporary protective order hearing and then a final protective order hearing. A protective order is a document issued by the court to help protect a survivor from a perpetrator and stop any further acts of violence or intimidating behaviors.

  • Victims and survivors seeking to file for a VASPA order can report to the Robert N. Wilentz Justice Complex - Family Courthouse at 212 Washington Street in Newark, New Jersey, 07102 during regular business hours. 

  • Victims and survivors may request a CSVA to accompany them to court when filling out this application; we ask that anyone requesting a CSVA to join them call between 30-60 minutes before to activate the advocate.

Other Types of Protections for Survivors          

A Domestic Violence Restraining Order (DVRO) is a criminal order that bars perpetrators from having contact with victims of interpersonal violence and can provide other types of relief. This type of restraining order is first granted through a temporary protective order hearing and then a final protective order hearing. Victims of interpersonal violence are eligible to file for a DVRO if their perpetrator is one of the following: 

  • Current or former married partner 

  • Current or former dating partner 

  • Currently or formerly living with the victim

  • Has a child with the victim

Victims seeking to file for DVRO can go either during or after business hours:

  • During court hours: Go to the Family Division Office of the Superior Court in the county where you live or are staying, where the domestic violence happened, or where the other person lives.

  • When court is closed: Go to the police department where you live, where the domestic violence happened or where the other person lives.

  • To file a criminal complaint, in addition to requesting a restraining order, you must go to the municipal court or the police department where the act of domestic violence happened.