A Guide to Confidential
Sexual Violence Advocacy Services
What is Advocacy?
After you have experienced sexual violence, you may want someone to assist you with what happens next. You may want to go to the hospital for medical care. You may decide to report the sexual violence to the police. You may want to file criminal charges against the perpetrator. During each step, you can get help from a Confidential Sexual Violence Advocate (CSVA). The CSVA will help you, your family, and your friends by providing information and assistance at the hospital, police station, and through the court process. This help is called advocacy.
There is a sexual violence program in every county in New Jersey, and each center has CSVA’s ready to help you. CSVA’s provide free, victim-centered services. This booklet explains how to find a CSVA and what s/he can do for you.
What is a Confidential Sexual Violence Advocate, or CSVA?
A CSVA supports the sexual violence victim. S/he brings comfort, support, and information for the victim and her/his loved ones.
The CSVA knows about the medical care a victim receives after the sexual violence. S/he knows how the police can help. S/he knows how the court system works. S/he is the victim’s personal link to the medical, police, and court systems.
A CSVA knows the workers at the hospital, police station, prosecutor’s office, and courthouse. S/he helps them understand sexual violence and supports the victim. S/he works with these people to help the victim. The CSVA is available for the victim through every step of every process.
The victim does not pay for help from the CSVA. Services from sexual violence programs are free and confidential. (2A:84A-22.15. Victim Counselor Confidentiality Privilege)
How Do I Contact a CSVA?
CSVA’s work at each of the sexual violence programs throughout New Jersey. There are several ways a victim or her/his family and friends can contact a CSVA.
· Call the nearest sexual violence program that is a member of the New Jersey Coalition Against Sexual Assault (NJCASA). Each center has a 24-hour crisis hotline. The locations and telephone numbers of these centers are listed in the back of this booklet. You can also find information about each center on the Internet at www.njcasa.org. Each center can provide a CSVA in its service area 24-hours-a-day, seven days a week.
· At the hospital emergency room, ask a nurse or other hospital employee to call a CSVA. S/he will come to the hospital to help the victim.
· Call the police. Ask the police to call a CSVA.
A CSVA can be contacted at any time after the sexual violence to help a victim. If the victim has already reported to the police or received medical care, a CSVA can still help the victim with follow-up care and through the court system.
What Does a CSVA Do?
After experiencing sexual violence, a victim has several decisions to make. A victim may call a sexual violence hotline. S/he may go to the hospital emergency room. S/he may call the police.
At each step, the CSVA explains to the victim what will happen.
S/he helps the victim understand her choices and the decisions s/he is making. S/he protects the victim’s right to be respected at all times. The CSVA speaks up for the victim’s rights and wishes. S/he will help the victim get information about her/his case.
The CSVA works with the victim when the victim is:
· Going to the hospital
· Reporting to the police
· Going to court
During all times, the victim can ask the CSVA to talk with hospital staff, police, and the prosecutor’s office on her/his behalf.
At The Hospital
A CSVA can meet the victim at the hospital. The victim or hospital staff can call for a CSVA.
At the hospital, the victim may ask the CSVA for support in several ways. If the victim wants her/him to, the CSVA will:
· Wait with the victim;
· Call the victim’s family or friends;
· ï€ Explain the medical exam and the evidence collection procedure to the victim;
· ï€ Stay with the victim during the exam;
· ï€ Help the victim get emergency contraception if the hospital does not provide this medication;
· Make sure the victim has clothes to wear home from the hospital;
· ï€ Explain the role of law enforcement at the hospital, and help the victim decide if s/he wants to talk to police;
· ï€ Provide security system if the victim’s home was broken into;
· ï€ Provide a safe house; and
· ï€ Give the victim information about how the sexual violence center can help her after s/he leaves the hospital.
Reporting To Police
If the victim chooses to report the attack to the police, the CSVA can:
· Go with her/him to report the assault;
· Explain how to report the assault to the police;
· ï€ Explain the victim’s rights throughout the police investigation; and
· ï€ Go with her/him to identify the perpetrator in a police lineup.
Going To Court
The Prosecutor’s Office decides whether there is enough evidence to file criminal charges in a case. The Prosecutor is the lawyer who prosecutes the attacker. The CSVA will work with the Prosecutor’s Office to keep the victim updated on the case and make sure the victim’s rights are respected.
During the court process, the CSVA can:
· ï€ Go with the victim to the Prosecutor’s Office and be available to discuss how the case will be handled;
· ï€ Talk with the Prosecutor about charges being filed;
· ï€ Explain the trial process to the victim, answer her/his questions, and get information for her/him;
· ï€ Work with the Prosecutor to prepare the victim to testify at the trial;
· ï€ Go to court with the victim when s/he testifies;
· ï€ Keep the victim updated on the case;
· ï€ Contact the victim’s employer to explain why s/he may need to miss work (or school) to go to court; and
· ï€ Help the victim write a Victim Impact Statement to give to the judge if the perpetrator is convicted.
If the Prosecutor does not file charges, it does not mean the sexual violence didn’t happen. It only means there is not enough evidence to charge the perpetrator.
Follow-Up Care
CSVA’s help victims after the initial hospital visit or meeting with police.
A CSVA can go with the victim to follow-up appointments with medical personnel at the hospital or doctor’s office.
CSVA’s work with the hospital to make sure victims are not billed for hospital services.
Both the CSVA and the Victim Witness Advocate in the county help victims file for crime victim compensation funds administered by the State of New Jersey. CSVA’s have access to the applications, and will guide the victim through the process.
A CSVA can also provide ongoing counseling for the victim. As part of helping the victim through the medical, police, and court systems, the CSVA talks with the victim about her/his feelings during these steps to help the victim with her/his emotional recovery from the sexual violence. Each sexual violence program in New Jersey provides free and confidential counseling. (2A:84A-22.15. Victim Counselor Confidentiality Privilege)
The CSVA’s Limitations
A CSVA can assist the victim in several ways; however, there are certain things that the CSVA cannot do. The CSVA does not attempt to influence the victim’s decision to report or file charges. The CSVA does not investigate the case or testify in the case.
A Victim’s Rights
A sexual violence victim is guaranteed certain rights under the New Jersey Constitution and New Jersey statutes. Crime victims have the following rights in New Jersey:
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Crime Victims Bill of Rights (NJS 52:4B-36)
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Without the participation and cooperation of crime victims and witnesses, the criminal justice system would cease to function. The rights of these individuals should be given full recognition and protection. The State has the responsibility to enhance and protect the necessary role of crime victims and witnesses in the criminal justice process. In furtherance of this, the improved treatment of these persons should be assured through the establishment of specific rights. These rights are among the most fundamental and important in assuring public confidence in the criminal justice system.
Crime victims and witnesses are entitled to the following rights:
- To be treated with dignity and compassion by the criminal justice system
- To be informed about the criminal justice process
- To be free from intimidation
- To have inconveniences associated with participation in the criminal justice process minimized to the fullest extent possible
- To make at least one telephone call provided the call is reasonable in both length and location called
- To medical assistance if, in the judgment of the law enforcement agency, medical assistance appears necessary
- To be notified if presence in court is not needed
- To be informed about available remedies, financial assistance and social services
- To be compensated for their loss whenever possible
- To be provided a secure, but not necessarily separate, waiting area during court proceedings
- To be advised of case progress and final disposition
- To the prompt return of property when no longer needed as evidence
- To submit a written statement about the impact of the crime to a representative of the county prosecutor's office which shall be considered prior to the prosecutor's final decision concerning whether formal criminal charges will be filed
- To make, prior to sentencing, an in-person statement directly to the sentencing court concerning the impact of the crime. This statement is to be made in addition to the statement permitted for inclusion in the presentence report by N.J.S. 2C:44-6. In any homicide prosecution the victim's survivor may display directly to the sentencing court at the time of this statement a photograph of the victim taken before the homicide.
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The Law
The CSVA understands the sexual assault laws in New Jersey. S/he can work with the police and the Prosecutor’s Office to make sure they are informed about the laws and current case law.
The following is summary information about the New Jersey Criminal Sexual Assault Law in New Jersey.
Sex Crimes in New Jersey
Sex crimes in New Jersey fall under Chapter 2C of the Criminal Code.
2C:14-1 Definitions
a. "Actor" means a person accused of an offense proscribed under this act;
b. "Victim" means a person alleging to have been subjected to offenses proscribed by this act;
c. "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 actor or upon the actor's instruction. The depth of insertion shall not be relevant to the question of commission of the crime;
d. "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 degrading or humiliating the victim or sexually arousing or sexually gratifying the actor. Sexual contact of the actor with himself must be in view of the victim whom the actor knows to be present;
e. "Intimate Parts" means the following body parts: sexual organs, genital area, anal area, inner thigh, groin, buttock, or breast of a person;
f. "Severe Personal Injury" means severe bodily injury, disfigurement, disease, incapacitating mental anguish or chronic pain;
g. "Physically Helpless" means that condition in which a person is unconscious or is physically unable to flee or is physically unable to communicate unwillingness to act;
h. "Mentally Defective" means that condition in which a person suffers from a mental disease or defect which renders that person temporarily or permanently incapable of understanding the nature of his conduct, including, but not limited to, being incapable of provided consent;
i. "Mentally Incapacitated" means that condition in which a person is rendered temporarily incapable of understanding or controlling his conduct due to the influence of a narcotic, anesthetic, intoxicant, or other substance administered to that person without his prior knowledge of consent, or due to any other act committed upon that person which rendered that person incapable of appraising or controlling his conduct;
j. "Coercion" as used in this chapter shall refer to those acts which are defined as criminal coercion in section 2C: 13-5(1), (2), (3), (4), (6) and (7).
2C: 14-2a Aggravated Sexual Assault
a. An actor is guilty of aggravated sexual assault if he commits an act of sexual penetration with another person under any one of the following circumstances:
(1) The victim is less than 13 years old.
(2) The victim is at least 13 but less than 16 years old; and
a. The actor is related to the victim by blood or affinity to the third degree; or
b. the actor has supervisory or disciplinary power over the victim; or
c. the actor is a foster parent, a guardian, or stands in loco parentis within the household;
(3) The act is committed during the commission, or attempted commission, whether alone or with one or more other persons, of robbery, kidnapping, homicide, aggravated assault on another, burglary, arson, or criminal escape;
(4) The actor is armed with a weapon or any object fashioned in such a manner as to lead the victim to reasonably believe it to be a weapon and threatens by word or gesture to use the weapon or object;
(5) The actor is aided or abetted by one or more other persons and the actor uses physical force or coercion;
(6) The actor uses physical force or coercion and severe personal injury is sustained by the victim;
(7) The victim is one whom the actor knew or should have known was physically helpless, mentally defective or mentally incapacitated.
Aggravated sexual assault is a crime of the first degree.
2C: 14-2 b, c Sexual Assault
b. An actor is guilty of sexual assault if he commits an act of sexual contact with a victim who is less than 13 years old and the actor is at least 4 years older than the victim.
c. An actor is guilty of sexual assault if he commits an act of sexual penetration with another person under any one of the following circumstances:
(1) The actor uses physical force or coercion, but the victim does not sustain severe personal injury;
(2) The victim is one whom the actor knew or should have known was physically helpless, mentally defective, or mentally incapacitated;
(3) The victim is on probation or parole, or is detained in a hospital, prison, or other institution and the actor has supervisory or disciplinary power over the victim by virtue of the actor's legal, professional or occupational status;
(4) The victim is at least 16 but less than 18 years old and:
a. The actor is related to the victim by blood or affinity to the third degree; or
b. the actor has supervisory or disciplinary power over the victim; or
c. the actor is a foster parent, a guardian, or stands in loco parentis within the household;
(5) The victim is at least 13 but less than 16 years old and the actor is as at least 4 years older than the victim.
Sexual assault is a crime of the second degree.
2C:14-3a Aggravated Criminal Sexual Contact
a. An actor is guilty of aggravated criminal sexual contact if he commits an act of sexual contact with the victim under any circumstances set forth in 2C:14-2a (2) through (6).
Aggravated criminal sexual contact is a crime of the third degree.
2C:14-3b Criminal Sexual Contact
a. An actor is guilty of criminal sexual contact if he commits an act of sexual contact with the victim under any of the circumstances set forth in 2C:14-2a (1) through (5).
Criminal sexual contact is a crime of the fourth degree.
2C:14-4 Lewdness
a. A person commits a disorderly persons offense if he does any flagrantly lewd and offensive act which he knows or reasonably expects is likely to be observed by other non-consenting persons who would be affronted or alarmed.
b. A person commits a crime of the fourth degree if:
(1) He exposes his intimate parts for the purpose of arousing or gratifying the sexual desire of the actor or of any other person under circumstances where the actor knows or reasonably expects he is likely to be observed by a child who is less than 13 years of age where the actor is at least four years older than the child.
(2) He exposes his intimate parts for the purpose of arousing or gratifying the sexual desire of the actor or of any other person under circumstances where the actor knows or reasonably expects he is likely to be observed by a person who because of mental disease or defect is unable to understand the sexual nature of the actor's conduct.
c. As used in this section: "lewd acts" shall include the exposing of the genitals for the purpose of arousing or gratifying the sexual desire of the actor or of any other person.
*NOTE: Sexual violence is a crime. It is a crime even if:
· ï€ The victim knew the perpetrator;
· ï€ The victim did not fight back;
· ï€ The victim had sex with the perpetrator before the perpetrator committed an act of sexual violence against her/him;
· ï€ The victim was drunk or unconscious
Remember…
· ï€ Sexual violence is a crime.
· ï€ Anyone can be a victim of sexual violence.
· ï€ The victim is not to blame.
· ï€ The victim has the right to respect, information, and confidentiality.
A CSVA can support the victim and give her/him information about her/his choices.
CSVA services are available 24 hours a day, free of charge. Call the sexual violence center nearest you for more information. Information on NJCASA’s centers can be found on the Internet at www.njcasa.org.
Locations and Telephone Numbers for
Sexual Violence Centers in New Jersey
O – Office
H – Hotline
TTY – For deaf and hard of hearing
F – Fax
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County
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Name and Address of Agency
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Phone Number(s)
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Atlantic
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Women’s Center
P.O. Box 311
Northfield, NJ 08225
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O: (609)646-6767
H: (609)646-4376
H: (800)286-4184
TTY: (609)645-2909
F: (609)645-8877
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Bergen
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YWCA
2 University Plaza
2nd Floor, Suite 208
Hackensack, NJ 07601
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O: (201)881-1700, ext. 5
H: (201)487-2227
H: (800)221-5168
TTY: (201)487-0916
F: (201)487-5990
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Burlington
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CONTACT
P.O. Box 333
Moorestown, NJ 08057
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O: (856)234-5484
H: (856)234-8888
H: (609)267-8500
F: (856)778-3880
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Camden
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Services Empowering Rights of Victims
Center for Family Services
584 Benson Street
Camden, NJ 08103
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O: (856)964-1990, ext. 232
H: (866)295-SERV (7378)
F: (856)964-4150
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Cape May
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The Coalition Against Rape and Abuse (C.A.R.A.)
P.O. Box 774
Cape May Court House, NJ 08210-0774
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O: (609)522-6489
TTY: (609)463-0818
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Cumberland
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Services Empowering Rights of Victims
Center for Family Services
Vineland, NJ 08361
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O: (856)696-2032
H: (866)295-7378
F: (856)696-7336
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Essex
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Rape Care Program
204 Claremont Avenue
Montclair, NJ 07042
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O: (973)746-0800
H: (877)733-CARE (2273)
F: (973)746-2822
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Gloucester
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Services Empowering Rights of Victims
Center for Family Services
P.O. Box 566
Glassboro, NJ 08028
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O: (856)881-4034
H: (866)295-7378
F: (856)881-9326
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Hudson
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Rape Crisis Center
Christ Hospital Counseling and Resource Center
179 Palisades Avenue
Jersey City, NJ 07306
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O: (201)795-8375
H: (201)795-5757
F: (201)795-8381
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Hunterdon
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Women's Crisis Services
47 East Main Street
Flemington, NJ 08822
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O: (908)788-7666
H: (908)788-4044
H: (888)988-4033
F: (908)778-2799
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Mercer
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Womanspace
1212 Stuyvesant Avenue
Trenton, NJ 08618
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O: (609)394-0136
H: (609)394-9000
F: (609)396-1093
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Middlesex
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Rape Crisis Intervention Center
29 Oakwood Avenue
Edison, NJ 08837
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O: (732)321-1189
H: (877)665-7273
F: (732)549-4060
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Monmouth
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Rape Crisis Services
180, Turning Lives Around, Inc.
1 Bethany Road, Bldg. 3, Suite 42
Hazlet, NJ 07730
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O: (732)264-4111, ext. 7151
H: (888)264-RAPE (7273)
TTY: (732)203-0862
F: (732)888-4776
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Morris
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Sexual Assault Center
Morris County Sexual Assault Center
95 Mt. Kemble Avenue
ABH Box #52
Morristown, NJ 07962
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O: (973)971-4715
H: (973)829-0587
F: (973)290-7614
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Ocean
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Rape Crisis Services
St. Francis Counseling Service
4700 Long Beach Boulevard
Brant Beach, NJ 08008
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O: (609)494-1554
H: (609)494-1090
TTY: (609)494-0441
F: (609)361-9653
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Passaic
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Rape Crisis Services
Passaic County Women's Center
P.O. Box 244
Patterson, NJ 07513
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O: (973)881-0725
H: (973)881-1450
TTY: (973)278-8630
F: (973)881-0938
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Salem
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Rape Crisis Services
Salem County Women's Services
P.O. Box 125
Salem, NJ 08079
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O: (856)935-8012
H: (856)935-6655
TTY: (856)935-7118
F: (856)935-6165
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Somerset
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Sexual Assault Support Services
Women's Health and Counseling Center
71 Fourth Street
Somerville, NJ 08876
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O: (908)526-2335, ext. 130
H: (908)526-7444
TTY: (908)218-7775
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Sussex
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Domestic Abuse and Sexual Assault Intervention Services (DASI)
P.O. Box 805
Newton, NJ 07860
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O: (973)300-5609
H: (973)875-1211
TTY: (973)875-6369
F: (973)579-3277
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Union
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Rape Crisis Center
300 North Avenue East
Westfield, NJ 07090-1499
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O/H: (908)233-RAPE (7273)
F: (908)654-0260
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Warren
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Rape Crisis Services
Domestic Abuse and Rape Crisis Center
P.O. Box 423
Belvedere, NJ 07823
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O: (908)453-4121
H: (866)6BE-SAFE (623-7233)
TTY: (908)453-2553
F: (908)453-3706
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Rutgers University
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Department of Sexual Assault Services & Crime Victim Assistance
Rutgers, the State University of New Jersey
3 Bartlett Street
New Brunswick, NJ 08901
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O/H: (732)932-1181
Campus Police: (732) 932-7211
TTY: (732)932-2793
F: (732)932-3123
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