New Jersey § 2a:61b-1

§ 2a:61b-1.

a. As used in this act: (1) “ Sexual abuse ” means an act of sexual contact or sexual penetration between a child under the age

of 18 years and an adult. A parent, resource family parent, guardian or other person standing in loco parentis who knowingly permits or acquiesces in sexual abuse by any other person also commits

sexual abuse, except that it is an affirmative defense if the parent, resource family

parent, guardian or other person standing in loco parentis was subjected to, or placed

in, reasonable fear of physical or sexual abuse by the other person so as to undermine

the person's ability to protect the child. (2) “ Sexual contact ” means an intentional touching by the victim or actor, either directly or through

clothing, of the victim's or actor's intimate parts for the purpose of sexually arousing

or sexually gratifying the actor. Sexual contact of the adult with himself must be in view of the victim whom the

adult knows to be present. (3) “ Sexual penetration ” means vaginal intercourse, cunnilingus, fellatio or anal intercourse between persons

or insertion of the hand, finger or object into the anus or vagina either by the adult

or upon the adult's instruction. (4) “ Intimate parts ” means the following body parts: sexual organs, genital area, anal area, inner thigh,

groin, buttock or breast of a person. (5) “ Injury or illness ” includes psychological injury or illness, whether or not accompanied by physical

injury or illness. b. In any civil action for injury or illness based on sexual abuse, the cause of action

shall accrue at the time of reasonable discovery of the injury and its causal relationship

to the act of sexual abuse. Any such action shall be subject to the statute of limitations set forth in section 2 of P.L.2019, c. 120 ( C.2A:14-2a ) . c. (Deleted by amendment, P.L.2019, c. 120 ) d. (1) Evidence of the victim's previous sexual conduct shall not be admitted nor

reference made to it in the presence of a jury except as provided in this subsection. When the defendant seeks to admit such evidence for any purpose, the defendant must

apply for an order of the court before the trial or preliminary hearing, except that

the court may allow the motion to be made during trial if the court determines that

the evidence is newly discovered and could not have been obtained earlier through

the exercise of due diligence. After the application is made, the court shall conduct a hearing in camera to determine

the admissibility of the evidence. If the court finds that evidence offered by the defendant regarding the sexual conduct

of the victim is relevant and that the probative value of the evidence offered is

not outweighed by its collateral nature or by the probability that its admission will

create undue prejudice, confusion of the issues, or unwarranted invasion of the privacy

of the victim, the court shall enter an order setting forth with specificity what

evidence may be introduced and the nature of the questions which shall be permitted,

and the reasons why the court finds that such evidence satisfies the standards contained

in this section. The defendant may then offer evidence under the order of the court. (2) In the absence of clear and convincing proof to the contrary, evidence of the

victim's sexual conduct occurring more than one year before the date of the offense

charged is presumed to be inadmissible under this section. (3) Evidence of the victim's previous sexual conduct shall not be considered relevant

unless it is material to proving that the source of semen, pregnancy or disease is

a person other than the defendant. For the purposes of this subsection, “ sexual conduct ” shall mean any conduct or behavior relating to sexual activities of the victim,

including but not limited to previous or subsequent experience of sexual penetration

or sexual contact, use of contraceptives, living arrangement and life style. e. (1) The court may, on motion and after conducting a hearing in camera, order the

taking of the testimony of a victim on closed circuit television at the trial, out

of the view of the jury, defendant, or spectators upon making findings as provided

in paragraph (2) of this subsection. (2) An order under this section may be made only if the court finds that the victim

is 16 years of age or younger and that there is a substantial likelihood that the

victim would suffer severe emotional or mental distress if required to testify in

open court. The order shall be specific as to whether the victim will testify outside the presence

of spectators, the defendant, the jury, or all of them and shall be based on specific

findings relating to the impact of the presence of each. (3) A motion seeking closed circuit testimony under paragraph (1) of this subsection

may be filed by: (a) The victim or the victim's attorney, parent or legal guardian; (b) The defendant or the defendant's counsel; or (c) The trial judge on the judge's own motion. (4) The defendant's counsel shall be present at the taking of testimony in camera. If the defendant is not present, he and his attorney shall be able to confer privately

with each other during the testimony by a separate audio system. (5) If testimony is taken on closed circuit television pursuant to the provisions

of this act, a stenographic recording of that testimony shall also be required. A typewritten transcript of that testimony shall be included in the record on appeal. The closed circuit testimony itself shall not constitute part of the record on appeal

except on motion for good cause shown. f. (1) The name, address, and identity of a victim or a defendant shall not appear

on the complaint or any other public record as defined in P.L.1963, c. 73 ( C.47:1A-1 et seq. ). In their place initials or a fictitious name shall appear. (2) Any report, statement, photograph, court document, complaint or any other public

record which states the name, address and identity of a victim shall be confidential

and unavailable to the public. (3) The information described in this subsection shall remain confidential and unavailable

to the public unless the victim consents to the disclosure or if the court, after

a hearing, determines that good cause exists for the disclosure. The hearing shall be held after notice has been made to the victim and to the defendant

and the defendant's counsel. (4) Nothing contained herein shall prohibit the court from imposing further restrictions

with regard to the disclosure of the name, address, and identity of the victim when

it deems it necessary to prevent trauma or stigma to the victim. g. In accordance with R.5:3-2 of the Rules Governing the Courts of the State of New

Jersey, the court may, on its own or a party's motion, direct that any proceeding

or portion of a proceeding involving a victim sixteen years of age or younger be conducted

in camera. h. A plaintiff who prevails in a civil action pursuant to this act shall be awarded

damages in the amount of $10,000, plus reasonable attorney's fees, or actual damages,

whichever is greater. Actual damages shall consist of compensatory and punitive damages and costs of suit,

including reasonable attorney's fees. Compensatory damages may include, but are not limited to, damages for pain and suffering,

medical expenses, emotional trauma, diminished childhood, diminished enjoyment of

life, costs of counseling, and lost wages.