Victims of Domestic Violence, Sexual Assault Aided by Units Linked to Prosecutor’s Office

CREST HAVEN — Becoming a crime victim was likely the farthest thing from a 39-year-old woman’s mind as she strolled a peaceful nature trail at Cape May Point State Park on July 1.
According to a Lower Township police report, a cell phone called 9-1-1 at about 8:25 a.m. to report that he had “came across a hysterical female who was crying and told him that she had just been assaulted.”
The victim was sitting at one of the wooden lean-tos that overlook a pond when a clean-shaven white male, between 25-35 years old, of slender build with a full head of brown hair, wearing red shorts and a plain T-shirt grabbed her and threw her to the ground.
Police said the man “inappropriately grabbed and touched her with his hands before fleeing the area.”
The victim was transported to Cape Regional Medical Center for a further evaluation.
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Four days prior to the July 1 sexual assault, another woman became a victim.
This time, there was a difference, the victim knew the man who reportedly physically assaulted her. Lower Township police reported it was her boyfriend who threatened to kill her at a Townbank Road residence.
Because of the nature of the crime, it was classified as a “domestic violence incident.”
In this case, police apprehended the suspect and charged him with aggravated assault and terroristic threats. He was remanded to county jail in lieu of $15,000 bail.
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While both the above incidents took place in Lower Township, similar incidents have taken place in every municipality in the county.
In time, those crimes will become statistics compiled by the Cape May County Prosecutor’s Office.
Ironically, just a few days prior, County Prosecutor Robert L. Taylor published the 2009 Annual Report (available for review at www.cmcpros.net) that reported, among other statistics that the county’s crime trends “have been improving, based upon the recent statistical data.”
Added Taylor in that report, “While this is encouraging, there will be a real need for continuing vigilance because of the ups and downs that can be expected.”
Later in the report Taylor wrote, “On a good weather weekend in August, close to 1 million people could be in the county with all the attendant crime and law enforcement issues that are associated with the vast number of people.” This year, one of those “attendant crimes” took place a month early.
It impacts a life, marred forever, a mind scarred by an act that took place in less than a minute in a scenic place where few would expect such an attack to occur.
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An important part of County Prosecutor’s Office, which stands ready to assist victims, including the assault victim from the state park, is the Cape May County Sexual Assault Nurse Examiner/Sexual Assault Response Team.
The program, administered by the Division of Criminal Justice, State Office of Victim-Witness Advocacy, has in mind the trauma and horror such victims experience.
A SART/SANE coordinator, whose office is maintained by the County Prosecutor, is responsible for overseeing a full 24-hour on-call system of eight trained forensic nurse examiners.
Those specially trained forensic nurse examiners are responsible for responding to all reported calls of sexual assault upon adolescent and adult victims, and to pediatric victims who have been acutely sexually victimized, and who need emergent evidence collect and treatment.
The team’s foremost concern is that of the victim, and to ensure that victims are treated in a timely, compassionate and competent manner “to reduce victimization and provide a foundation for healing,” according to the report.
Last year (2009) forensic nurses responded to 50 cases of sexual assault that utilized the services as part of a highly trained team of law enforcement, nurse examiners and advocacy personnel. That represents a 7 percent increase in cases over 2008.
“However, it is anticipated based on reported cases to date that 2010 will be a notable year with a potential increase to 60 cases, or an increase of approximately 20 percent.”
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New Jersey State Police compile domestic violence data. The latest statistics are from 2008, yet patterns remain almost constant.
Domestic violence cases peak in June. For 2008 and 2007, cases were 6,703 and 6,811.
Sunday is the day of the week when most domestic violence crimes take place. On that day, a peak time for cases is between the hours of 6 p.m. and 8 p.m. followed closely by the hours of 8 p.m. to 10 p.m.
The June 27 North Cape May domestic violence case reported above fell within the peak day and time: Sunday at 8:30 p.m.
According to the May activity report from Lower Township Police Department, there were 41 complaints of domestic violence, four of those cases involved assaults.
Domestic violence cases are widespread, and occur in all municipalities.
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Taylor reported that, for domestic violence cases, a female assistant prosecutor is assigned. She is responsible for prosecution of all contempt complaints and related matters, including requesting setting of bail, bail reduction hearings, trials, plea negotiations, weapon forfeiture applications, and weapon forfeiture hearings.
She provides legal advice to police regarding domestic violence matters, including whether the facts of a case are sufficient to warrant charges for contempt.
The assistant prosecutor prosecutes cases to completion. She is also responsible for making recommendations for sentencing including noon-custodial probation, incarceration, anger management evaluation and treatment as recommended, and alcohol and drug evaluation and treatment as recommended.
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Of sexual assault cases prosecuted recently, Taylor highlights the one that convicted Jose Rafael Lopez, 45, of Wildwood for aggravated sexual assault and sexual assault and endangering the welfare of a child.
Lopez is the brother of a babysitter, who watched a 7-year-old girl. Lopez assaulted the girl as she slept at the babysitter’s home on Andrews Avenue, Wildwood.
In that case, detectives from the Prosecutor’s Office especially trained in forensic interviews of young children. They determined from the child what has happened to her.
A DNA specimen was collected from the victim by one of those Sexual Assault Nurse Examiners. The specimen was sent to the N.J. State Police Forensic Laboratory, which returned a finding that the DNA sample was that of Lopez.
A later exam of the victim by a pediatric sexual assault physician at NJ Cares confirmed that the sexual assault had taken place.
The child and her mother have since relocated to California, but they returned to Cape May County to testify against Lopez.
“This is believed to be the first case in the state to be prosecuted utilizing a Sexual Assault Nurse Examiner to examine a child under 12 to gather and collect evidence for analysis,” the report states.
Contact Campbell at (609) 886-8600 Ext 28 or at: al.c@cmcherald.com