New Jersey Supreme Court Justice Fabiana Pierre-Louis. Courtesy photo Unanimous NJ Supreme Court Applies New Standard to Restraining Orders for Sex Assault Victims
The justices addressed the question of when a sexual assault victim can obtain a restraining order against the perpetrator if the sexual act wasn't consensual.
September 29, 2021 at 12:57 PM
8 minute read
When can a sexual assault victim obtain a restraining order against the perpetrator if the sexual act wasn't consensual?
In C.R. v. M.T., the New Jersey Supreme Court ruled unanimously in a Sept. 28 opinion that a 1992 standard should apply that considers the perspective of the victim—rather than the mental state of the defendant—when determining whether a sexual act was "nonconsensual" when issuing a restraining order under the Sexual Assault Survivor Protection Act of 2015.
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