Attorney General Mandates Testing of All Sexual Assault Forensic Exam Kits

Revised Directive Requires Comprehensive Testing of SAFE Kits, Aims to Improve Justice for Sexual Assault Survivors

NEW JERSEY - Attorney General Matthew J. Platkin has announced crucial updates to Law Enforcement Directive 2023-1, emphasizing the need for thorough testing of all Sexual Assault Forensic Exam (SAFE) Kits turned over to law enforcement. The amendments, introduced today, aim to enhance the support and justice available to sexual assault survivors, ensuring that forensic evidence is handled in a victim-centered, efficient manner.

Under the revised directive, all SAFE Kits, with victim consent, must be submitted to forensic laboratories for testing. This marks a significant shift from the previous policy, which allowed for discretion in determining whether a SAFE Kit needed to be tested based on its potential impact on a case. Now, every kit will be processed, with any DNA results that match multiple sexual violence cases being reported to the Division of Criminal Justice and the New Jersey State Police Regional Operations & Intelligence Center (NJ ROIC) within seven business days.

“This Amended Directive is responsive to the needs of sexual assault survivors and works to further their trust in law enforcement. Last year, I made important strides towards reducing the additional trauma survivors of sexual violence too often experience during the investigation and prosecution of the crimes committed against them. Today we’ve raised our own standard for taking a survivor-centered approach to justice, and victims will benefit,” said Attorney General Platkin. “This critical update, along with a proposed rule change that would make admissible at trial evidence of a defendant’s commission of prior domestic violence, child abuse, or sexual assault, will increase the likelihood of successfully prosecuting serial offenders and diminish the serious public safety threat they present.”

This policy change is part of a broader effort by the Department of Law and Public Safety (LPS) to reform how SAFE Kits are collected, retained, and tested. These reforms have been informed by extensive data analysis and collaboration with law enforcement across the state. The updated directive reflects ongoing commitments to reduce turnaround times for DNA results and to better serve survivors of sexual violence.

In tandem with the policy updates, legislation has been proposed in the State Senate and Assembly to strengthen the prosecution of repeat offenders of sexual assault, domestic violence, and child abuse. Sponsored by Senator Vin Gopal and Assemblywomen Ellen Park and Jessica Ramirez, the legislation would allow the introduction of evidence from previous similar offenses in the prosecution of new cases. This change addresses longstanding challenges in prosecuting these crimes, which often lack direct witnesses beyond the victim.

“Often, a survivor’s first experience with the criminal justice system begins with their participation in a forensic medical exam. At that time, they may not know if they wish to pursue an investigation. But just as much as it is our responsibility to collect and preserve specimens that may be useful in criminal proceedings, it is also our job to be a source of comfort and compassion – to support survivors during an incredibly traumatic time,” said Jane Reynolds, Sexual Assault Response Team Coordinator and Forensic Nurse Examiner, Mercer County Prosecutor’s Office. “The issuance of today’s Directive is a complement to the survivor-centered approach consistent in our practice throughout New Jersey. With each step a survivor takes in the journey to pursue justice, our policies and practices are working together to help them heal.”

“The New Jersey Coalition Against Sexual Assault (NJCASA) is grateful for the amendments to Law Enforcement Directive 2023-1 that requires testing of all kits that are released by survivors to law enforcement. This puts the decision to move a SAFE kit forward for testing in the hands of survivors, where such a personal decision belongs,” said the New Jersey Coalition Against Sexual Assault. “Such a change more closely aligns policy and practice to better meet the needs of survivors pursuing justice through the criminal legal system, and we look forward to working with our programs and partners across NJ to build awareness about this important change.”

The updated directive and proposed legislation are part of Attorney General Platkin’s comprehensive approach to improving justice for victims of sexual violence. These efforts are further supported by a two-million-dollar Bureau of Justice Assistance National Sexual Assault Initiative grant. The grant will fund the development of a statewide SAFE Kit tracking system, upgrade evidence storage facilities, and enhance survivors’ access to information about the status of their SAFE Kits.

As these reforms are implemented, there may be short-term delays in testing as the LPS continues to expand its staffing and technological capabilities to handle the increased volume of SAFE Kits. To maintain transparency, the Attorney General’s office will provide regular updates on the status of these initiatives on its website, especially as retroactive testing begins in 2025.

These changes reflect a concerted effort to ensure that survivors of sexual violence receive the justice they deserve while equipping law enforcement with the necessary tools to hold offenders accountable.