State Ex Rel. K.P., 709 A.2d 315 (N.J. Super. Ct. Ch. Div. 1997)

Cases | State Ex Rel. K.P., 709 A.2d 315 (N.J. Super. Ct. Ch. Div. 1997) | 2018

A newspaper sought to have the juvenile proceedings involving a victim of sexual assault open to the press. The juvenile victim opposed the opening of the proceedings. In addition to evaluating the victim’s petition, the court also examined whether or not the victim had standing to intervene. The court denied the newspaper’s petition to open the juvenile court proceedings, because the opening could lead to permanent harm to the victim. The court noted that while the victim's name was not printed in earlier newspaper reports, the names of the victim and the juveniles were well known to the community and that any news article had the effect of further traumatizing the victim. The court further determined that the victim had standing and could petition the court on whether the press should be granted access. The court reasoned that N.J. Code. § 2A:4A-60(c)(1) was amended to require victim notification, and the amendment, coupled with the Victim's Rights Amendment to the New Jersey Constitution, accorded victims specific rights. The court concluded that such rights carry with them standing for a victim to voice their concerns and protect their constitutional rights.