Sexual assault victims would get copies of police reports, notification when prosecutors are filing charges against their assailants and a chance at an alternative form of “restorative justice” should they decide not to report the crime to authorities, under a package of bills a Senate panel approved on Friday.
The Senate Law and Public Safety Committee also passed a bill that clarifies how sexual harassment complaints would be investigated involving state employees.
Senate Majority Leader Loretta Weinberg, D-Bergen, the prime sponsor of the legislation, said the bills are meant “to empower victims” so they can be “informed and pursue their rights.”
“I am under no delusion we have solved all the problems before us today on this particular issue. But together, across gender, across political parties, we will make the world and our state a little bit better,” Weinberg said.
The package of bills incorporates some of the recommendations from Supreme Court Chief Justice Stuart Rabner, a panel of women involved in New Jersey politics and Katie Brennan, a former campaign volunteer on Gov. Phil Murphy’s campaign whose explosive rape allegations led to legislative hearings.
Brennan accused a former Murphy campaign adviser of raping her in her apartment in 2017 after the pair left a gathering of campaign staffers. He denied the allegation and was never prosecuted after the case was reviewed by two county prosecutors.
In May, Brennan settled a lawsuit against the state and Murphy’s campaign for $1 million after alleging her case was mishandled. Neither side admitted any wrongdoing.
Most sexual assaults do not lead to criminal prosecutions — either because survivors choose not to report the crime or prosecutors do not bring charges, said Patricia Teffenhart, executive director for the New Jersey Coalition Against Sexual Assault, told the committee in a virtual hearing.
“In fact, nationally, in 2018, only 25% of sexual assaults were reported to law enforcement,” Teffenhart said. Of the cases pursued, she said, 19 out of out of 100 “lead to an arrest, five resulted in a guilty plea, and 1 resulted in a guilty verdict, she said, citing data from a 2019 Office of Justice Programs report.
“I’m hoping we can all agree that this is not acceptable and that these are not outcomes we should be holding up as a sample of system that’s working well on behalf of survivors,” Teffenhart said.
The committee approved a bill that creates a three-year “restorative justice program” for victims of sexual assault who decline to pursue criminal prosecution. Organized by the Attorney General’s Office, the program would be established in three counties — one each in north, central and south Jersey — and led work with an organization trained to deal with sexual trauma, according to the bill, (S3070).
The process brings together the victim’s family, friends and community members “for the purpose of fulfilling the victim’s expectations for justice while also holding accountable the person who caused the harm, and which may be implemented through varying formats, such as sharing circles, victim impact panels and facilitated conferences,” the bill said.
The process is voluntary for both the victim and the person accused of sexual assault, according to the legislation. The programs have become popular around the country with victims who do not want to testify in court or whose cases are difficult to prosecute.
For those victims who filed criminal charges, the committee also approved legislation that would 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)
* 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)
* Police department to 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)
* 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)
* County prosecutors to notify victims whether charges will be filed in a manner of the victims’ choosing — including by phone, text or in-person meeting. (S3073)
* 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. Attorney General Gurbir Grewal announced a similar director two years ago, so this legislation would it enshrine it in state law. (S3076)
Sen. Kristin Corrado, R-Passaic, who sponsored the victim notification bill with Weinberg, praised Brennan for coming forward to tell of her experience seeking justice.
“This important reform was inspired by Katie Brennan’s story of sexual assault and the frustrating manner in which she learned that criminal charges would not be brought in her case,” Corrado said in a statement after the vote. “Her brave testimony highlighted the need for county prosecutors to be more transparent with and accessible to the survivors of sexual assault, which is exactly what this bill will require.”
Friday’s hearing of the Senate Law and Public Safety Committee is the latest effort by the Workgroup on Harassment, Sexual Assault and Misogyny in New Jersey Politics, a group formed by Weinberg to consider solutions to the “toxic culture” for women in New Jersey government and politics.
Weinberg founded the workgroup in response to a Dec. 29 NJ Advance Media report on widespread, unreported sexual harassment in local and state politics. The group has heard victims and advocates call for reforms in local politics, lobbying, state prisons and more to address sexual assault and sexual harassment that often goes unreported or ignored by authorities.
The Senate panel also approved a bill that would expand who may file a sexual harassment complaint if they work for state government or another state entity. They include employees, interns, volunteers and members of any state agency or gubernatorial transition office or person doing business with the state, according to the bill. The 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 within 20 days. (S3078)
Coming soon, Weinberg said, is a bill from Sen. Vin Gopal, D-Monmouth, which would lay out how people may file sexual harassment complaints for conduct that goes on during campaigns.
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Kelly Heyboer may be reached at kheyboer@njadvancemedia.com.
Susan K. Livio may be reached at slivio@njadvancemedia.com.
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