Sex Assault Evidence Must Now Be Held For 20 Years In NJ: AG

NEW JERSEY — Sexual violence survivors in New Jersey will have a longer time to decide if they want to pursue charges against their abusers, as officials have quadrupled the time period that evidence must be stored.

Police and prosecutors will not be able to refuse to submit evidence in certain sexual assault cases as well, under Attorney General Matthew J. Platkin’s new directive (2023-1).

In New Jersey, evidence collected from a medical examination after a sexual assault is either placed in a Sexual Assault Forensic Evidence (SAFE) kit or Drug-Facilitated Sexual Assault (DFSA), also called unreported or “Hold” kits if the survivor either has not consented to release the physical evidence to law enforcement, or does not want it submitted for testing.

Platkin’s directive 2023-1 extends the required retention period for evidence collected from post-sexual assault medical examinations from five years to 20 years, including DNA evidence.

This is consistent with the federal Survivors’ Bill of Rights of 2016, he said. The directive will take effect Sept. 15.

This directive also establishes statewide guidelines and procedures for how to track and store the evidence, as well as determine how and when such evidence can be submitted for lab testing. These new standards “will protect the rights of victims and enhance the potential to prosecute offenders,” said Platkin in his directive.

Also under this directive, law enforcement and prosecutors cannot decline to submit evidence for testing “strictly because they believe the sexual act was consensual, they have no suspects, or the survivor filed a complaint against a current or former spouse or partner.”

“The standards and procedures established in this Directive ensure that if or when that time comes – whether it’s immediately after an assault or years down the road – their cases will be vigorously investigated by law enforcement and their opportunity to hold perpetrators accountable will not be foreclosed because evidence is no longer viable or has been destroyed,” Platkin said Monday.

Platkin created VIVA, the Division of Violence Intervention and Victim Assistance, within his office last year to guide trauma-informed practices and policies on behalf of people or communities affected by violence.

This action gives survivors of sexual assault the power to decide if and/or when they decide to move forward with a criminal investigation, officials said. As these survivors are already processing trauma, Platkin's directive will allow them to have more time to decide without feeling rushed to make that decision, said Deputy Director Theresa Hilton of the Division of Criminal Justice.

“Not only does it provide survivors with more time to process what has happened without being rushed to make important decisions about criminal matters, it ensures that those who do pursue criminal charges will not be thwarted by outdated and sexist policies that have historically driven law enforcement decisions in sexual assault cases, to the detriment of survivors,” Hilton said.

New Jersey’s civil statute of limitations for sexual abuse crimes is seven years from the time the survivor became aware their trauma was linked to a sexual abuse crime.

This story will be updated.