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Bill > AJR16


NJ AJR16

NJ AJR16
Permits evidence of prompt reports of sexual assault or employment discrimination be admissible as hearsay exception.


summary

Introduced
01/09/2024
In Committee
01/09/2024
Crossed Over
Passed
Dead
01/12/2026

Introduced Session

2024-2025 Regular Session

Bill Summary

This Joint Resolution amends the Rules of Evidence to permit the jury to consider a statement by a declarant as it relates to sexual assault or employment discrimination in certain cases. The resolution permits statements by the declarant relating to sexual assault or employment discrimination when: (i) the complaint was made spontaneously and voluntarily, (ii) within a reasonable amount of time after the crime had occurred, and (iii) to a person the victim ordinarily would turn to for support. The resolution permits admission of declarant's statement for the purposes of assessing the credibility of the complainant with respect to the commission of the offense; to negate the inference that the victim's initial delay or silence means the complaint was fabricated; or when relevant, and to the extent necessary, to explain the investigative process and complete the narrative of events leading to the defendant's arrest.

AI Summary

This joint resolution amends the New Jersey Rules of Evidence to create a new hearsay exception for "fresh complaint" statements in cases involving sexual misconduct or employment discrimination. Specifically, the resolution allows statements made by a victim that are spontaneous, voluntary, made within a reasonable time after the incident, and shared with a person the victim would normally turn to for support. These statements can be used for three primary purposes: to assess the complainant's credibility, to counter any inference that the victim's initial delay in reporting means the complaint was fabricated, and to help explain the investigative process and provide context for the events leading to the defendant's arrest. The resolution requires that such statements meet specific criteria to be admissible, including being made spontaneously and to a supportive person shortly after the alleged incident. This change aims to provide additional legal flexibility in cases of sexual assault and employment discrimination by allowing more contextual evidence to be presented in court.

Committee Categories

Justice

Sponsors (16)

Last Action

Introduced, Referred to Assembly Judiciary Committee (on 01/09/2024)

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