Know Your Rights and Options

~Confidentiality and Mandatory Reporting

What a survivor shares with a CSVA is confidential with a few exceptions: if there is a disclosure of child abuse by a family member or caretaker, if there is a disclosure of the abuse of a vulnerable adult (which is a person over the age of 18 that lacks the ability to care for themselves), or if there is a clear threat to harm themselves or another person. By law, the CSVA is required to breach confidentiality and report these incidents to the proper authorities.

~Survivors Reporting to Law Enforcement

The decision to report the sexual assault is completely up to the survivor. 

Here at the UCRCC, we believe in empowering survivors to find their voices and regain control of their lives. While it is true that the sooner law enforcement is able to begin investigating, the better the chances are of gathering evidence, we would NEVER force anyone to go through any part of the process they were not ready for. The survivor still has the right to have the Sexual Assault Forensic Exam (SAFE) done, even if they choose not to report. This is called the "Jane Doe" or "John Doe" option.

~Jane/John Doe

Choosing to go Jane or John Doe enables a victim to have forensic evidence collected without reporting to law enforcement officers. Upon completion of the exam, survivors are provided with a code number they can use to identify themselves with should they choose to report at a later date. If the survivor is:

  • Under the age of eighteen (18), they have up to twenty (20) years after their 18th birthday;
  • Eighteen (18) years of age and over, the kit is held for twenty (20) years.
After these time periods have expired, the kit will be discarded. However, the survivor may still report after this time, if they choose to. This is due to the New Jersey Statute of Limitation Reform.

~NJ Statute of Limitations
In New Jersey, the criminal statute of limitations was eliminated for most sexual offenses or assaults in 1996.
The civil statute of limitations has been extended to allow all victims of sexual assault to have seven years to pursue civil action against the person who harmed them. 
- Survivors Sexually Abused When Under the Age of 18
Survivors of child sexual abuse can now file a lawsuit against individual perpetrators and negligent institutions, both public and private, prior to their 55th birthday or seven (7) years from the discovery of damages, whichever is later.
- Survivors Sexually Assaulted When Age 18 or Older
Adult survivors of sexual assault now have seven years from the offense or seven years from discovery, whichever is later, to file a lawsuit.

**For additional information on criminal and civil laws, please click HERE to view our Legal Resources.**

References
The New Jersey Coalition Against sexual Assault. (2019). Civil statute of
limitations for sexual assault. NJCASA | The New Jersey Coalition Against Sexual Assault. https://njcasa.org/wp-content/uploads/2019/11/Civil-Statute-of-Limitations.pdf
Zero Abuse Project. (2022). Civil Sexual assault statute of limitations one pager.
The Official Web Site for The State of New Jersey. https://www.nj.gov/oag/njvictims/pdfs/Civil-Sexual-Assault-Statute-of-Limitations-One-Pager.pdf