(TRENTON) – Legislation sponsored by
Assembly Democrats Celeste M. Riley, Gabriela M. Mosquera, Paul D. Moriarty and
Angel Fuentes to allow domestic violence
victims to testify against their abusers via closed circuit television under
certain circumstances was approved 74-1 Monday by the full Assembly.
“Many
victims struggle with reporting their abusers out of fear for their safety. The
same fear extends to testifying against them in court,” said Riley (D-
Cumberland/Gloucester/Salem). “This bill ensures a victim can have her day in
court without being intimidated by her abuser.”
“Having
to recount an abusive relationship in front of your abuser can be unnerving for
an individual who’s been battered,” said Mosquera (D-Camden/Gloucester).
“Allowing victims to testify via close-circuit television allows them to
confront their abusers without fear.”
The
bill (A-3219) would allow a domestic violence victim to testify against an
alleged abuser via closed circuit television in prosecutions for a crime or
offense involving domestic violence.
“Domestic
abuse is traumatic. Some victims are so frightful of their abusers that they
would rather not press charges or even testify in court for fear of
retribution,” said Moriarty (D-Camden/Gloucester). “This bill makes it easier
for victims to come forward and get justice.”
“It
takes a lot of courage and strength for victims of domestic abuse to face their
perpetrators. We should be able to accommodate these victims who want to hold
their abusers accountable, but are too afraid to do so under their glare,” said
Fuentes (D-Camden/Gloucester).
Under
the bill, the court may, following a hearing, order the taking of the testimony
out of the presence of the jury, defendant, or spectators. Closed circuit
testimony would be allowed if the court determines by clear and convincing
evidence that there is a substantial likelihood that the witness would suffer
severe emotional or mental distress if required to testify in open
court.
The
bill now awaits consideration by the Senate.
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