• Alexander J. Kemeny

NJ Supreme Court applies affirmative consent standard to the Sexual Assault Survivor Protection Act.

The N.J. Supreme Court recently found that the correct standard for determining whether sexual activity was consensual under the New Jersey Sexual Assault Survivor Protection Act of 2015, is whether or not the alleged victim gave affirmative consent. On September 28, 2021, the Court issued its decision in C.R. v. M.T. (A-58-19) (083760).


The Sexual Assault Survivor Protection Act "SASPA" is not a penal statute, but rather offers relief in the form of a civil protective order to alleged victims of nonconsensual sexual contact. A person may apply for, and the court may issue, a protective order under SASPA regardless of whether or not any criminal charges were filed based upon the incident.


A copy of the C.R. v. M.T. decision may be found here:

https://www.njcourts.gov/attorneys/assets/opinions/supreme/a_58_19.pdf








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