Legal landscape note: This article was originally published in 2015 and describes the law as it stood at that time. New Jersey law changes frequently -- contact us to discuss how the current law applies to your situation.
Overview
New Jersey has taken significant steps to empower sexual assault survivors by ensuring that critical forensic evidence is preserved while they decide whether to involve law enforcement. Under guidelines issued by the New Jersey Attorney General, forensic evidence from sexual assault examinations must be retained for at least five years—giving victims the time and space they need to process their experience without losing the ability to pursue criminal charges later.
This policy recognizes that the immediate aftermath of a sexual assault is not always the right moment for a survivor to decide whether to report. Trauma, fear, and uncertainty often delay that decision. By preserving evidence, New Jersey ensures that survivors can revisit their options when they feel ready.
The Sexual Assault Nurse Examiner (SANE) Process
When a sexual assault survivor seeks medical attention at a New Jersey hospital, they may be examined by a specially trained Sexual Assault Nurse Examiner (SANE). The SANE's role is to provide medical treatment, document injuries, and collect forensic evidence of the assault—all without requiring the victim to report the incident to law enforcement at that time.
Forensic evidence collected during a SANE examination may include:
- Specimens of bodily fluids
- Hair samples
- Clothing collected during the exam
- Photographs of visible injuries
- Medical reports describing injuries observed or detected by the SANE nurse and attending physicians
The sexual assault response team in each of New Jersey's 21 counties prioritizes the victim's safety, medical needs, and emotional well-being. These victim-centered response teams also include advocates who help survivors understand their options and make informed decisions about their next steps.
The 5-Year Retention Requirement
Under New Jersey's guidelines, forensic evidence gathered during a SANE examination must be retained for five years from the date of the examination. If the victim was a minor at the time of the examination, the evidence must be retained for five years from the victim's eighteenth birthday.
This extended retention period is particularly important because aggravated sexual assault—the equivalent of rape under federal law and the law of many other states—is a first-degree offense in New Jersey under N.J.S.A. 2C:14-2, comparable to murder or kidnapping in severity. Critically, there is no statute of limitations for prosecuting aggravated sexual assault in New Jersey. As a practical matter, forensic evidence may be essential to convicting a defendant, and the retention rule ensures that evidence remains available.
Civil Remedies for Sexual Assault Survivors
In addition to criminal prosecution, survivors of sexual assault in New Jersey may pursue civil remedies against their assailants. A civil lawsuit can provide compensation for medical expenses, therapy costs, lost wages, pain and suffering, and other damages. The preservation of forensic evidence strengthens both criminal and civil cases by providing objective, scientific proof of the assault.
Key Takeaways
- New Jersey requires forensic evidence from sexual assault exams to be retained for at least 5 years
- SANE nurses collect evidence without requiring victims to immediately report to law enforcement
- If the victim was a minor, evidence is retained for 5 years from their 18th birthday
- Aggravated sexual assault has no statute of limitations in New Jersey under N.J.S.A. 2C:14-2
- Survivors may pursue both criminal charges and civil remedies, with preserved evidence supporting both paths
Reviewed by Britt J. Simon, Esq., Managing Partner — Simon Law Group, LLC — May 2026
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