The Court continued in relevant part: “Our courts have recognized that, in sexual assault cases, ‘the well-being of victims demands heightened protection’ because there is a ‘likelihood of emotional trauma and mental distress.'” State v. Chambers (2023) (omission in original) (quoting State v. D.R.H. (1992)). C.R. I does not require courts to ignore the precise forms of trauma that victims of sexual assault are most likely to experience when analyzing N.J.S.A. 2C:14-16(a)(2). On the contrary, the plain language of the provision makes clear that credible testimony about such emotional and psychological harm can be sufficient to satisfy SASPA’s second factor.
Martin also contends that “an irrational fear does not warrant a restraining order,” and that Clara’s fears are unreasonable because he has not attempted to contact her in the three years since the incident. But nothing in the plain language of N.J.S.A. 2C:14-16(a)(2) requires a survivor’s belief about the possibility of future risk to their safety or well-being to be objectively reasonable.
The Legislature is familiar with a reasonable person standard, and has chosen to employ it in many other statutes. Not so here. The word “reasonable” does not appear in SASPA, and we “decline respondent’s invitation to read into the law a requirement that a survivor’s fear of encountering the respondent must be objectively reasonable under the circumstances.” K.N.B. v. M.D., 259 A.3d 341, 351 (Pa. 2021). As the Pennsylvania Supreme Court held regarding Pennsylvania’s Protection of Victims of Sexual Violence or Intimidation Act, “there is simply no textual support for the conclusion that a plaintiff’s fear of harm must be analyzed using an objective, reasonable-person standard.”
It is interesting to see Justice Wainer Apter refer to the defendant by his first name, “Martin.” The initials of the plaintiff and defendant are used to protect their identities. However, the use of the defendant’s first name will allow people who have some familiarity with the parties to infer Martin’s identity.
