Health Services

HOW CAN I FILE A COMPLAINT OR CHARGES IF I AM ASSAULTED ?

Victims have the right:

• to pursue criminal, civil, and judicial action against their assailant.
• to request reasonable accommodations and actions in academic and residence situations to prevent further unwanted contact by the assailant.

Pursuing charges through the criminal justice system and/or the campus judicial system is a decision only the victim can make.

Campus Sexual Assault Victim’s Bill of Rights *

THE CRIMINAL JUSTICE SYSTEM:

• The victim files an initial police report in the county where the assault occurred. At Rutgers, the initial report is filed with the RUPD (5111) or the Newark Police (911). The police notify the Prosecutor’s Office that a sexual assault was reported to them. The victim may also contact the Prosecutor’s office in the county where the crime occurred directly. They should ask to speak with someone in the Sex Crimes Unit. Only the County Prosecutor’s Office files criminal charges against an individual. Essex County Prosecutor’s Office (973 621 4700)
• The Prosecutor evaluates the evidence and determines whether it is sufficient to go to trial. It is very helpful to the victim, although not essential, to have had a forensic exam (rape kit) and police report filed as soon after the assault as possible to support the charges, even if there were no physical injuries.
• At trial, a judge or jury determines whether the evidence supports a verdict of guilty or not guilty, and dictates the punishment.
• Prosecution is a difficult process, but there is legislation, called the Rape Shield Law,  to protect the victim’s rights.

THE CAMPUS JUDICIAL SYSTEM:

• A complaint is made to the campus judicial officer verbally or in writing.

NEWARK CAMPUS
Hill Hall Room 312
973 353 5800   

• The judicial officer will take an initial report and initiate an investigation
• An incident report form will be filed with the campus safety administrator, but it will not include the victim’s name or identifying data. Exceptions include crimes that present a danger to the campus community, such as an attack by a stranger, an attack involving a weapon, or an attack by multiple assailants
• A judicial board consisting of trained students and faculty/staff is convened, with the survivor’s consent, to hear charges related to violations of the campus Code of Student Conduct. You will need to face the accused and state the charges against them.  Both the accuser and the accused can bring people to support them, and can present evidence. Both will be formally apprised of the outcome.

• The Code of Student Conduct recognizes the following actions as separable offenses which may result in suspension or expulsion:
• Use of force against any person or property or threat of such force
• Sexual assault or non-consensual sexual contact
• Violation of the University’s policy against verbal assault, defamation, and harassment

For more information:  http://www.rci.rutgers.edu/~polcomp/

THE CIVIL JUSTICE SYSTEM

• An individual may also request a restraining order to prevent contact with the perpetrator, whether or not the victim files charges of sexual assault.
• An individual may hire a private attorney to file charges seeking civil (monetary) vs. criminal sanctions against the perpetrator

Students can seek redress through any or all of these systems simultaneously.

What are “Reasonable Accomodations” ?

A victim of a sexual assault may request a change in class section or housing assignment when “reasonable” to avoid interaction with the perpetrator.  These requests are facilitated through contact with Sexual Assault Services (973 353 HELP), Counseling Services (973 353 5805), or the Dean’s Office (973 353 5800). These requests can be made confidentially.

A victim may request that the class section or housing assignment of the perpetrator be changed if charges are filed, while waiting the outcome of judicial or criminal action.