Your Rights Under New Jersey’s Sexual Assault Survivor Protection Act

Sexual assaults can have serious and life-altering effects on survivors. It is common for victims to feel powerless. But it is important that victims understand that they do have legal rights. In New Jersey, victims are protected by the Sexual Assault Survivor Protection Act of 2015 (SASPA). This law provides victims with numerous tools to hold their perpetrators accountable. Understanding your legal rights under SASPA is a crucial element towards regaining control and protecting your rights.

What is the Sexual Assault Survivor Protection Act of 2015 (SASPA)?

SASPA was passed in order to remedy a major gap in the way sexual assault cases were handled in New Jersey. Prior to its passage, people who endured sexual assault and were not in a relationship with the perpetrator often were not able to get protective orders. This has changed under SASPA. Protective orders can now be obtained regardless of a victim’s relationship status with their assailant.

Who is Able to File for Protection Under SASPA?

You will be able to file for protection under SASPA, provided that:

• You were the victim of non-consensual sexual activity, sexual penetration, or lewdness as defined by New Jersey statutes.
• The perpetrator is not a family member, household member, or current or former romantic partner.

Traditional restraining orders typically require there to be some type of domestic relationship.

What Protections are Offered by SASPA?

SASPA provides victims of sexual assault several protections.

• No Contact Orders: The court can prohibit the perpetrator from contacting you through any measure, including by phone, email, letter, or indirectly through another party.
• Stay-Away Orders: The court can prohibit the perpetrator from showing up at your home, school, workplace, or other places that you specify.
• Additional Relief: The court can take several actions to help ensure your safety. This may include prohibiting the perpetrator from purchasing or possessing firearms.

 These protections are an important tool that all survivors of sexual assaults in New Jersey should strongly consider using.

How To Get A Protective Order Through SASPA

Getting a protective order through SASPA is pretty straightforward. Here’s a step-by-step guide that should provide some assistance.

• Visit Your Local Superior Court: You can start by going to the family division of your local Superior Court in the county where you live. You can also go to the county Superior Court where the assault took place.
• Complete the Application: You’ll need to fill out the application by detailing the incident as well as the type of protection that you are requesting from the court.
• Attend the Hearing: After the court gets your application, it will hold a hearing. In many cases this will occur on the same day. The court may grant a temporary protective order (TPO). A second hearing will be conducted to determine if you will be awarded a final protective order (FPO).

Though you can get a protective order through SASPA on your own, you also have the option of working with an attorney. An attorney can help put your case in the best possible light, thereby increasing the odds that a protective order is granted.

Getting Legal Help After A Sexual Assault

In addition to protective orders, victims of sexual assaults are protected by several other laws. They may also be able to pursue damages through a civil claim against the perpetrator and other responsible parties. This may include schools, businesses, or property owners that failed to prevent the assault.

Have you or someone that you care about been the victim of a sexual assault in New Jersey? You may be entitled to compensation for your injuries and emotional trauma. Our team of New Jersey sexual assault attorneys at Beninato & Matrafajlo are here for you. We are committed to helping victims of sexual assaults get justice and holding their perpetrators fully accountable for their crimes. Whether you need help getting a protective order or are wondering how an attorney could help with your situation, we are here for you. You can reach out to us anytime at 908-355-7100.