New Jersey’s Rape Kit Tracking Law: What Sexual Assault Survivors Need to Know

Understanding Your Rights Under New Jersey’s 2025 Sexual Assault Evidence Reform

If you’ve survived a sexual assault in New Jersey, you deserve answers. You deserve transparency. And as of January 2025, you now have the legal right to track your rape kit evidence every step of the way through the criminal justice system.

Governor Phil Murphy signed this groundbreaking law on January 23, 2025, and it represents a major shift in how New Jersey handles sexual assault evidence. After more than a decade practicing personal injury and civil law, I’ve seen how uncertainty compounds trauma. This new tracking system aims to change that.

Let me walk you through what this law means for survivors and why it matters.

What This New Law Actually Does

The law requires New Jersey’s Attorney General to create an online tracking system where sexual assault survivors can monitor their rape kit from the moment it’s collected until results come back from the lab. Think of it like tracking a package, except this “package” contains critical evidence that could identify your attacker and bring them to justice.

The system allows you to see:

• When your kit was collected
• Where it is in the chain of custody
• When it was submitted to a laboratory
• When testing is complete
• If a DNA profile was obtained
• If there’s a match in any database

Healthcare workers, law enforcement, and laboratory staff can also access the system to track evidence, creating accountability at every stage.

Why New Jersey Needed This Law

Here’s the uncomfortable truth: New Jersey had a serious problem with untested rape kits sitting in evidence rooms. In 2019, a state audit found over 2,800 kits that law enforcement agencies hadn’t submitted for testing. Another report showed more than 1,200 untested kits between 2018 and 2020.

The reasons investigators gave for not testing these kits were deeply troubling. Some claimed they had no suspects. Others decided the sexual act was “consensual” without proper investigation. Worst of all, some officers discounted survivors who had mental health histories or who filed complaints against spouses or partners.

That’s not justice. That’s institutional failure.

In March 2023, Attorney General Matt Platkin took action, ordering law enforcement to store untested rape kits for 20 years instead of just five, and limiting when agencies could refuse testing. This new tracking law builds on those reforms.

How the Tracking System Works

By late summer 2025, the online portal should be fully operational. As a survivor, you’ll receive information on how to access the system, likely through a unique identification number that protects your privacy while giving you access to your case information.

The system doesn’t require you to give your name publicly. It’s designed to balance transparency with confidentiality, recognizing that many survivors choose not to immediately pursue criminal charges but may want that option later.

You’ll be able to log in at any time to check the status. No more calling different agencies trying to get answers. No more wondering if your evidence is sitting forgotten in a storage facility.

What Expanded Notification Rights Mean for You

Beyond just tracking, the law expands what’s called the “Sexual Assault Victim’s Bill of Rights.” Under these expanded protections, you must be notified when:

• A DNA profile of your assailant is obtained from your evidence
• That DNA profile is entered into any database for comparison
• There’s a match between the DNA profile from your case and a profile already in a database
• Your evidence is submitted to a forensic laboratory for testing

These notifications matter because they give you information to make decisions. You might choose to move forward with a criminal case. You might decide to pursue a civil lawsuit against your attacker or against an institution that failed to protect you. Or you might simply need to know for your own peace of mind.

Understanding Your Civil Legal Options

While this law focuses on criminal evidence tracking, it’s important to understand that you have civil rights as a sexual assault survivor in New Jersey. The criminal justice system and civil justice system operate on separate tracks.

In New Jersey, survivors of sexual abuse have until their 55th birthday or seven years from discovering the harm to file a civil lawsuit. This applies whether you were assaulted as a child or as an adult.

I’ve represented clients in personal injury cases who were harmed because someone or some institution failed in their duty to protect them. Sexual assault cases often involve similar failures – a hotel with inadequate security, an employer who ignored harassment complaints, a school that didn’t properly vet staff, a transportation company with dangerous hiring practices.

In my experience handling cases that resulted in settlements like $2.5 million against a transportation company, the evidence matters enormously. That’s why this rape kit tracking law is so important. The DNA evidence in your kit could be crucial not just for criminal prosecution, but also for a civil case seeking compensation for the harm you suffered.

Why Many Rape Kits Went Untested

Understanding the problem helps you advocate for yourself. Law enforcement agencies gave various justifications for not testing kits, but many of these reasons were unacceptable.

Some claimed testing wasn’t needed if the perpetrator’s identity wasn’t in question and they claimed consent. But rape kits can contain evidence beyond just identity – they can show force, injury, and other facts that contradict a consent defense.

Others said they had no suspect. But that’s exactly why you test the kit – to find a suspect through DNA database matches. Serial offenders often leave DNA evidence at multiple crime scenes.

The most disturbing justification was dismissing victims based on who they were or their relationship to the attacker. This reflects bias, not sound investigative practice. Your credibility as a survivor should never determine whether evidence gets tested.

What This Means for Historical Cases

If you were assaulted years ago and never knew what happened to your rape kit, this tracking system may finally give you answers. While the system is designed for new cases going forward, the reforms also address the backlog of untested kits.

Attorney General Platkin’s 2023 directive specifically addressed historical kits by extending storage requirements to 20 years. This means even older evidence should still be available and could potentially be tested now.

If you’re wondering about a kit from your own past assault, you have the right to inquire. The tracking system should eventually include historical evidence, and you can contact the law enforcement agency that took your report to ask about your kit’s status.

How This Fits Into Broader Survivor Protections

New Jersey has made significant progress in expanding survivor rights over the past few years. The state eliminated the criminal statute of limitations for most sexual offenses back in 1996. For civil cases, the reforms have been even more recent and dramatic.

Between December 1, 2019, and November 30, 2021, New Jersey opened a two-year window that allowed survivors to file civil lawsuits even if the normal deadline had passed. This brought justice to many survivors whose cases were previously time-barred.

The rape kit tracking law represents another piece of this survivor-centered reform movement. It recognizes that people who’ve experienced sexual assault deserve to be treated with dignity, kept informed, and given the tools to pursue justice on their own timeline.

What You Should Do If You’re a Recent Survivor

If you’ve recently experienced sexual assault, here’s what I want you to know from both a legal and human perspective:

First, your safety and well-being come first. Seek medical attention. Many hospitals have Sexual Assault Nurse Examiners (SANEs) who are specially trained to provide care and collect evidence if you choose.

Second, you don’t have to decide right now whether to report to police or pursue any legal action. Having a rape kit done preserves your options. With the new 20-year storage requirement, you have time to heal and decide what’s right for you.

Third, once your kit is collected, you’ll be given information about the new tracking system. Use it. Check on your evidence. You have the right to know what’s happening with your case.

Fourth, understand that you have both criminal and civil options. These are separate paths. You can pursue one, both, or neither. There’s no “right” choice – only what feels right for you.

Why I’m Committed to Helping Survivors

My background in hospitality taught me that people deserve to be heard, respected, and treated with genuine care during their most vulnerable moments. That philosophy guides how I approach every client interaction, especially in sensitive cases involving personal trauma.

I know that calling a lawyer about a sexual assault case takes courage. You might be unsure whether you even have a case. You might be worried about cost, privacy, or reliving trauma. You might just need someone to explain your options without pressure.

That’s why I make myself available nights and weekends. Sexual assault doesn’t happen on a 9-to-5 schedule, and neither does the courage to seek help. When you’re ready to talk, I’m ready to listen.

Pre-Settlement Funding: Financial Support While Your Case Proceeds

One concern I hear frequently from sexual abuse survivors considering a civil lawsuit is financial worry. You might be dealing with medical bills, therapy costs, or lost income because of what happened to you. The thought of waiting months or even years for a settlement can feel overwhelming when bills are due now.

That’s where pre-settlement funding can help.

Pre-settlement funding, sometimes called lawsuit funding or legal funding, provides you with money while your case is still ongoing. Think of it as an advance on your expected settlement. A funding company reviews your case and, if approved, provides you with funds you can use immediately for living expenses, medical bills, or whatever you need.

Here’s what makes this option different from a traditional loan: it’s non-recourse. That means you only repay the funding if you win your case. If your case doesn’t result in a settlement or verdict, you don’t owe anything back. The funding company takes the risk, not you.

For sexual abuse survivors, this can be life-changing. It allows you to:

• Focus on healing without financial panic
• Pay for therapy and medical treatment you need now
• Avoid accepting a low settlement offer just because you’re desperate for money
• Keep your bills current while your attorney fights for the full compensation you deserve

I’ve seen clients turn down inadequate settlement offers because sexual assault pre-settlement funding gave them the financial breathing room to wait for a fair result. That patience often translates to significantly higher settlements.

If you’re considering a civil case for sexual assault but worried about making ends meet during the litigation process, ask me about pre-settlement funding options during your consultation. It’s another tool that might help you pursue justice without sacrificing your financial stability.

Understanding Institutional Liability

While this blog focuses on the rape kit tracking law, it’s worth understanding that sexual assault cases often involve more than just the individual perpetrator. Institutions have responsibilities too.

Hotels and property owners must maintain adequate security. Employers must respond to harassment and assault complaints. Schools must properly screen and supervise staff. Transportation companies must conduct thorough background checks on drivers.

When these institutions fail and someone gets hurt as a result, they can be held accountable through civil litigation. I’ve secured significant settlements in cases where institutional failures led to serious harm, including an $850,000 settlement in a motorcycle accident case where proper safety protocols weren’t followed.

The DNA evidence preserved in your rape kit could be essential in proving not just who assaulted you, but also what an institution knew or should have known about that person’s danger to others.

Questions Survivors Often Ask Me

“Will using the tracking system alert my attacker?”

No. The system is designed to protect your privacy. Your attacker won’t be notified that you’re tracking the evidence.

“What if I reported years ago and nothing happened?”

You still have options. Contact the law enforcement agency that took your original report and ask about your kit’s status. Given the new 20-year storage requirement, it may still be available.

“Can I pursue a civil case even if criminal charges weren’t filed?”

Absolutely. Civil cases have a different burden of proof and different purposes than criminal cases. Many survivors find closure and compensation through civil litigation even when criminal prosecution didn’t happen or wasn’t successful.

“How much does it cost to talk to you about a potential case?”

Nothing. I offer free consultations, and I work on contingency for personal injury cases, meaning you don’t pay unless we win your case.

“Will people find out if I file a lawsuit?”

Civil cases are generally public record, but there are ways to protect your privacy, including using initials instead of your full name in court documents. We can discuss privacy protections during your consultation.

The Bigger Picture: Accountability and Prevention

This rape kit tracking law does more than help individual survivors – it creates systemic accountability. When everyone knows the evidence is being tracked and monitored, there’s pressure on every link in the chain to do their job properly.

Lab technicians know kits can’t sit untested indefinitely. Law enforcement knows they can’t just warehouse evidence without justification. Prosecutors know survivors and their advocates are watching.

This transparency helps prevent future failures. When institutions know they’re being monitored, they tend to follow proper procedures. That’s good for everyone.

Moving Forward: Your Next Steps

If you’re a sexual assault survivor in New Jersey, you now have stronger protections than ever before. The rape kit tracking system gives you transparency. Extended statutes of limitations give you time. And expanded civil remedies give you options for justice and compensation.

You don’t have to figure this out alone. Whether you have questions about tracking your rape kit evidence, understanding your legal rights, or exploring whether you have a civil case against your attacker or an institution that failed to protect you, I’m here to help.

I’ve spent over a decade building my practice on the principle that every client deserves responsive, compassionate representation. Your case won’t get lost in a big firm shuffle. When you call, you get me – the same attorney who will handle your case from start to finish.

My office is in Hamilton Township, and I serve clients throughout New Jersey. I understand the local courts, the local procedures, and the local community. But more importantly, I understand that behind every case is a person who deserves dignity, respect, and justice.

Contact Doug Parker Law

If you have questions about your rights as a sexual assault survivor in New Jersey, or if you’re considering a civil lawsuit related to sexual assault, I encourage you to reach out.

I’m available nights and weekends because I know legal questions don’t wait for business hours. Your first consultation is free and completely confidential.

You can reach me at Doug Parker Law in Hamilton Township. Let’s talk about your situation and explore your options together. You’ve already shown tremendous strength by surviving and seeking information. Let me help you take the next step toward justice.

Sources and Additional Resources

New Jersey Legislative and Government Sources:

1. New Jersey Office of the Attorney General – Sexual Assault Victim’s Bill of Rights
   https://www.nj.gov/oag/njvictims/pdfs/Civil-Sexual-Assault-Statute-of-Limitations-One-Pager.pdf
   Official state resource on civil statute of limitations for sexual assault survivors
2. New Jersey Monitor – “Statewide tracking of rape kits now required by law in New Jersey”
   https://newjerseymonitor.com/briefs/statewide-tracking-of-rape-kits-now-required-by-law-in-new-jersey/
   January 23, 2025 coverage of Governor Murphy signing the rape kit tracking law
3. WHYY – “Here’s what you need to know about the laws that go into effect in New Jersey in 2025”
   https://whyy.org/articles/new-laws-new-jersey-minimum-wage/
   Overview of 2025 legal changes including expanded Sexual Assault Victim’s Bill of Rights

National Sexual Assault Resources:

4. RAINN (Rape, Abuse & Incest National Network) – New Jersey Sex Crimes Definitions
   https://apps.rainn.org/policy/policy-crime-definitions-export.cfm?state=New+Jersey&group=3
   Detailed definitions of sexual assault and abuse under New Jersey law
5. RAINN National Sexual Assault Hotline
   1-800-656-HOPE (4673) | www.rainn.org
   Free, confidential support 24/7 for survivors of sexual assault

Settlement and Litigation Information:

6. Sokolove Law – Statute of Limitations on Sexual Abuse & Assault (2026)
   https://www.sokolovelaw.com/personal-injury/sexual-abuse/statute-of-limitations/
   Comprehensive guide to sexual abuse statute of limitations by state, updated 2026

If you or someone you know has experienced sexual assault and needs immediate support, please call the National Sexual Assault Hotline at 1-800-656-HOPE (4673) or contact New Jersey’s Sexual Violence Services at 1-800-572-SAFE (7233).