ASSEMBLY, No. 5646

STATE OF NEW JERSEY

218th LEGISLATURE

 

INTRODUCED JUNE 24, 2019

 


 

Sponsored by:

Assemblywoman  CAROL A. MURPHY

District 7 (Burlington)

 

 

 

 

SYNOPSIS

     Establishes circumstances under which court may order physical or psychological examination of sexual assault victim.

 

CURRENT VERSION OF TEXT

     As introduced.

 


An Act concerning physical and psychological examinations of victims of sexual assault and supplementing chapter 61B of Title 2A of the New Jersey Statutes.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    a. In prosecutions for aggravated sexual assault, sexual assault, aggravated criminal sexual contact, criminal sexual contact, and human trafficking involving sexual activity, the court may, on motion and after conducting a hearing in camera, order a physical or psychological examination of the victim upon making findings as provided in subsection b. of this section.

     b.    An order under this section may be entered only if the court determines that:

     (1)   the defendant has made a sufficient showing, by clear and convincing evidence, that:

     (a)   an examination can produce competent evidence that has overwhelming probative worth; and

     (b)   the evidence produced by the examination, if admitted and believed by the trier of fact, could refute or neutralize incriminating evidence or impugn the credibility of a prosecution witness; and

     (2)   the need for an examination clearly outweighs the possible harmful consequences to the alleged victim.

 

     2.    This act shall take effect immediately.

 

 

STATEMENT

 

     This bill establishes the circumstances under which a court may order a physical or psychological examination of an alleged victim of sexual assault.

     The New Jersey Supreme Court has set forth the standard for compelling, at the request of a defendant, a child victim of sexual assault to submit to a physical examination for evidence relating to the alleged abuse.  In the case of State v. D.R.H., 127 N.J. 249 (1992), the court held that courts may order the physical examination of a child sex-abuse victim only when satisfied that the defendant has made a sufficient showing that such an examination can produce competent evidence that has substantial probative worth and, if admitted and believed by the trier of fact, that the evidence could refute or neutralize incriminating evidence or impugn the credibility of prosecution witnesses.  The court further held that it must be satisfied that the defendant’s need clearly outweighs the possible harmful consequences to the alleged victim. 

     This bill codifies a higher standard of proof than the standard set forth in State v. D.R.H. and applies that standard to both physical and psychological examinations and to both adult and child alleged victims of sexual assault. 

     Under the bill, a court may order a physical or psychological examination of a victim of aggravated sexual assault, sexual assault, aggravated criminal sexual contact, criminal sexual contact, and human trafficking involving sexual activity, on motion and after conducting a hearing in camera, provided the court makes sufficient findings as set forth under the bill.  Prior to ordering an examination, the court is required to determine that: the defendant has made a sufficient showing, by clear and convincing evidence, that an examination can produce competent evidence that has overwhelming probative worth, and that the evidence produced by the examination, if admitted and believed by the trier of fact, could refute or neutralize incriminating evidence or impugn the credibility of a prosecution witness.  The court also is required to find that the need for an examination clearly outweighs the possible harmful consequences to the alleged victim.