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Monday, June 07, 2021

STATE OF NEW JERSEY VS. OSCAR RAMIREZ (20-01-0071, HUDSON COUNTY AND STATEWIDE) (RECORD IMPOUNDED)(A-1298-20)

 STATE OF NEW JERSEY VS. OSCAR RAMIREZ (20-01-0071, HUDSON COUNTY AND STATEWIDE) (RECORD IMPOUNDED)(A-1298-20)

A grand jury indicted defendant with first degree kidnapping, four counts of first degree aggravated sexual assault, and other related offenses. At the victim's request, the State sought a protective order pursuant to Rule 3:13-3(e)(1) to exclude her home address from the discovery made available to defendant. The trial court ordered the State to disclose the victim's home address to his counsel and investigators.

By leave granted, this court holds that the disclosure of the victim's home address in this case violates the public policy of this State, as reflected in The Victims' Rights Amendment to our State Constitution. N.J. Const., art. I, ¶ 22. This disclosure also violates the Sexual Assault Victim's Bill of Rights, N.J.S.A. 52:4B-60.1 to 60.3, which gives a victim of sexual violence the right "[t]o choose whether to participate in any investigation of the assault[.]" N.J.S.A. 52:4B-60.2(7).