New Jersey Section 2C:14-11 – Definitions relative to victims of sex offenses.
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New Jersey Law Defines Victims of Sex Offenses
New Jersey has a specific law, Section 2C:14-11, that provides definitions related to victims of sex offenses. This law defines terms like “victim of a sex offense,” “sexually violent predator,” and “sexually violent offense” in order to clarify the rights and protections afforded to victims under New Jersey law.
Who is Considered a Victim?
Under 2C:14-11, a “victim of a sex offense” means a person who is the victim of a sexually violent offense or attempted sexually violent offense. This includes victims of offenses like sexual assault, aggravated sexual assault, and aggravated criminal sexual contact.The law states that a victim of a sex offense must be afforded certain rights, like the right to make statements at sentencing, parole hearings, and meetings considering the offender’s placement in residential treatment facilities. Victims also have the right to submit written statements at these proceedings and to be notified in advance of any judicial proceedings involving the offender.
What is a Sexually Violent Predator?
This law also defines what constitutes a “sexually violent predator.” This is important because sexually violent predators may be subject to civil commitment and other restrictions after completing a criminal sentence.Under 2C:14-11, a sexually violent predator is a person who has been convicted, adjudicated delinquent or found not guilty by reason of insanity for a sexually violent offense, and suffers from a mental abnormality or personality disorder that makes the person likely to engage in predatory sexually violent offenses.The definition of a sexually violent predator is narrower than just being a sex offender in general. It requires meeting the specific criteria in the law related to the type of offense, likelihood to reoffend, and mental state.
What Offenses Count as Sexually Violent?
The law also delineates which types of offenses count as “sexually violent offenses” for the purposes of identifying victims and predators. This includes serious offenses like aggravated sexual assault, sexual assault, aggravated criminal sexual contact, and kidnapping if it involves unlawful sexual contact with the victim.Attempts to commit these offenses also count. The law lists out the full range of applicable criminal statutes – its not just limited to the most serious assaults. Even lower level offenses like criminal sexual contact can be considered sexually violent if they meet certain criteria.
Why Definitions Matter
Having clear definitions in the law is important to ensure victims of sex offenses receive appropriate rights and support. It also provides clarity on which offenders may face additional restrictions and requirements, like civil commitment, based on the nature of their crimes.Without definitions, it could be ambiguous who qualifies as a victim entitled to certain notifications and opportunities to be heard. The law aims to avoid this uncertainty.
Victim Rights in Sex Offense Cases
Beyond Section 2C:14-11, New Jersey law provides various rights and protections for victims of sex offenses. For example, victims have the right to be notified about any judicial proceedings involving their case, like hearings, plea agreements, trials and sentencing.Victims also have the right to make statements directly to the court during sentencing. This allows the victim to express the impact the crime had on their life and share their perspective before the court imposes punishment on the offender.At parole hearings, victims again have the right to make statements and submit written letters for the parole board’s consideration. This gives the victim a voice in decisions about the offender’s potential release.
Restrictions Placed on Predators
Sexually violent predators face significant restrictions beyond just incarceration for their initial offense. New Jersey allows for civil commitment of sexually violent predators after their criminal sentences end.This means predators can be confined to a treatment facility indefinitely until it is determined they no longer pose a risk. The constitutional validity of civil commitment for sex offenders was upheld by the U.S. Supreme Court in Kansas v. Hendricks due to the public safety risk predators pose.Predators may also face parole supervision for life and GPS monitoring. Their residence, employment, and ability to be near schools and other facilities may be limited. These restrictions aim to prevent reoffending and continued public endangerment.
Treatment and Rehabilitation
While confinement restricts predators’ liberties, treatment must also be provided in confinement facilities. The goal is to rehabilitate offenders so they can be released when no longer deemed dangerous.In New Jersey v. Bellamy, the state Supreme Court held there must be a balance between security and rehabilitation in civil commitments. Facilities cannot be so prison-like that treatment is undermined.Effective treatment lowers recidivism rates among offenders and better protects the public in the long run. But finding the right balance with security is an ongoing challenge for policymakers.
Conclusion
New Jersey’s definitions for victims and predators provide critical clarity in the law. Victims of sex offenses are afforded important rights, like the ability to be heard at proceedings involving the offender. At the same time, predators face significant confinement and restrictions after serving criminal sentences in order to prevent reoffending.Going forward, policymakers must continue assessing how to best provide rehabilitation and support victims in the aftermath of these traumatic crimes. The definitions in 2C:14-11 establish the framework, but work remains to fully uphold the spirit of the law. We all have a role to play in fostering a more just and empathetic society.