SENATE WOMEN'S ISSUES, CHILDREN AND FAMILY SERVICES COMMITTEE

 

STATEMENT TO

 

SENATE, No. 561

 

STATE OF NEW JERSEY

 

DATED: MAY 9, 1996

 

      The Senate Women's Issues, Children and Family Services Committee reports favorably Senate Bill No. 561.

      In cases where there has been either a conviction by trial or plea bargain agreement, victims are currently allowed to write an impact statement to be sent to the judge. This bill would classify such statements as confidential communications, and would permit disclosure of the statements to the defense only with the consent of the victim.

      At present, these statements are made available to the defense attorney, giving the offender access to the statement. Use of victim impact statements by the defense may severely increase a victim's feeling of betrayal by the system. In addition, victims of sexual assault have often been threatened by the offenders. The disclosure of the written statements seriously compromises the ability of the victims to use this vehicle to express their feelings about the crime and the sentence. Confidentiality of the written statement would assure that the victim has a platform to express thoughts and feelings, free of the fear of reprisal.