New Jersey Section 2C:14-2.1 – Victim of sexual assault may consult with prosecutor on plea negotiations

New Jersey’s Sexual Assault Victim’s Bill of Rights: Giving Survivors a Voice in Plea Deals

Sexual assault is a traumatic crime that impacts survivors long after the physical wounds have healed. New Jersey recognizes how critical it is for survivors to have a voice in the legal process following an assault. That’s why the state enacted Section 2C:14-2.1 of the criminal code, known as the “Sexual Assault Victim’s Bill of Rights.” This law gives survivors the right to consult with prosecutors before plea bargains are made with defendants.

What does this mean for survivors? Let’s break it down.

The Trauma of Sexual Violence

Sexual assault can leave lasting scars. The trauma of having your body violated sticks with you. Survivors often feel powerless, ashamed, anxious, depressed or angry. Some develop PTSD. Many struggle to trust others, especially in intimate relationships. The court process following an assault can feel scary. Survivors may fear seeing their attacker again or being blamed.

Prosecutors negotiate plea deals in many criminal cases. The defendant pleads guilty in exchange for a lesser sentence. This spares victims from testifying at a trial. But for some sexual assault survivors, not having a voice in the plea deal adds to their trauma. It’s like being violated all over again.

Giving Survivors a Voice

New Jersey’s law aims to prevent this secondary wounding. It requires prosecutors to consult with survivors before finalizing plea agreements in sexual assault cases.

Specifically, the law says: “The victim of sexual assault shall be provided an opportunity to consult with the prosecutor prior to the conclusion of any plea negotiations.”

This gives survivors a chance to share their thoughts, fears and wishes. Prosecutors must consider the victim’s input but aren’t obligated to honor it. The law states consultation with victims shouldn’t “alter or limit the authority or discretion of the prosecutor.”

Still, having a voice matters. Survivors can help prosecutors understand how the crime impacted them and what they feel would bring justice or healing. This prevents deals being made over survivors’ objections. Consultation also shows prosecutors value victims as people, not just witnesses.

Benefits for Survivors

This law has several benefits for sexual assault survivors:

• It gives them a voice in the process when they often feel voiceless.
• It provides validation their input matters.
• It allows them to share how the crime impacted them.
• It lets them feel heard, which can be therapeutic.
• It gives them a chance to influence the plea deal and sentence.
• It prevents deals they strongly oppose from being made.
• It shows the system cares about their needs and recovery.

Survivor Feedback Critical

Consulting survivors treats them with dignity as human beings, not just crime victims. Their feedback provides insights prosecutors may lack. Survivors know how the assault impacted their lives. They understand what sentence might bring a sense of justice or closure. No two survivors react the same way. That’s why listening to each individual is so important.

This law follows a larger trend recognizing a survivor’s right to be heard. Many states now allow survivor impact statements at sentencing. New Jersey permits these statements at plea hearings too. The goal is to improve the criminal justice system’s response. Listening to survivors leads to better outcomes for them and society.

A Long Road Ahead

While progress has been made, we still have far to go. Many survivors don’t report sexual assaults due to fear of revictimization by the system. Those who do often feel ignored or blamed. Prosecutors still decline to file charges in many credible cases. When charges are filed, plea deals remain the norm.

Mandatory consultation with survivors is a small but meaningful step. Yet this law has limitations. Prosecutors don’t have to do what victims ask. There are no penalties for failing to consult survivors before a deal. And prosecutors have wide discretion determining what plea offers to make.

In addition, many survivors don’t know about this law. More public education is needed so they understand their rights. Advocates say prosecutors don’t always consult victims in practice like they should. There are gaps between the law’s intent and how it’s applied. Still, the law provides an important foothold for survivors to stand up and be heard.

The Path Forward

While we still have far to go, New Jersey has taken a historic step. This law empowers survivors to have a voice when they’ve felt voiceless for too long. It provides hope of a more victim-centered justice system. There’s greater awareness today that we need to listen to and support survivors.

Sexual assault will impact far too many. But with laws like this, survivors don’t have to feel alone in their recovery. We all have a role to play. We can start by listening and believing survivors. And advocating for policies that aid their healing. The road ahead is long, but hope exists in laws like this one. If we walk this path together, step-by-step, we can build a society that cherishes and cares for every survivor.