Sexual Assault Crimes in New Jersey

In New Jersey, sexual assault is the legal term for rape. Sexual assault in NJ is defined as “penetration, no matter how slight, in which physical force or coercion is used or in which the victim is physically or mentally incapacitated.”

• • First Degree Aggravated Sexual Assault
  • Second Degree Sexual Assault
  • Third Degree Aggravated Criminal Sexual Contact
  • Fourth Degree Criminal Sexual Contact
  • Statutory Rape

First Degree Aggravated Sexual Assault

In New Jersey, aggravated sexual assault is the most serious sex crime you can be charged with. The different types of aggravated sexual assault — involving sexual penetration — include:

1. The victim is under 13 years old.
2. The victim is 13 – 16 years old and the defendant was in a familial relationship with the victim, the defendant had supervisory/disciplinary power over the victim or the defendant was a parent/guardian of the victim.
3. The assault occurred during the commission of another crime such as a robbery, kidnapping, murder, or arson.
4. The defendant was armed and threatened to use the weapon to achieve a sexual advantage.
5. The defendant was aided or assisted by one or more other persons in the assault.
6. The defendant used physical force or coercion and the victim suffered a severe personal injury.
7. The defendant knew, or should have known, that the victim was physically helpless — asleep, unconscious, unable to flee or unable to communicate unwillingness — mentally incapacitated or mentally defective.

If convicted of First Degree Sexual Assault (2C:14-2) you could be sentenced to a maximum of 20 years in state prison. You are also subject to the No Early Release Act (NERA), which would require 85% of any sentence to be served without the possibility of parole. 

New Jersey has also implemented the Jessica Lunsford Act, which applies to defendants charged with sexual assault of a victim who is less than 13 years old. The Jessica Lunsford Act governs both plea negotiations and sentencing after conviction. During plea negotiations, the Jessica Lunsford Act requires that any negotiated sentence must be for a term of imprisonment of not less than 15 years with a 15 year period of parole ineligibility. If convicted, the defendant must be sentenced to between 25 years to life, with 25 years of parole ineligibility. 

Second Degree Sexual Assault

Acts of sexual penetration that do not qualify as Aggravated Sexual Assault are charged as Sexual Assault, a crime of the second degree. The different types of sexual assault — involving sexual penetration — include:

1. The victim is younger than 13 years old and the defendant is older than 17 years old.
2. The defendant used physical force, but the victim was not injured.
3. The victim was under the control of the defendant (e.g., prison guard, parole officer, etc.).
4. The victim is 16 – 18 years old and the defendant has control over them.
5. The victim is 13 – 16 years old and the defendant is older by four years or more.

If convicted of second-degree sexual assault in New Jersey (2C:14-2b, c) you could face a maximum penalty of 10 years in prison as well as Megan’s Law registration and Parole Supervision for Life. 

Aggravated Criminal Sexual Contact, 3rd Degree

In New Jersey, the charge of Aggravated Criminal Sexual Contact indicates the defendant intentionally touched the intimate parts of a victim or themselves for the sexual degradation or humiliation of the victim or the sexual arousal or gratification of the defendant in any of the following circumstances:

• The defendant is a parent/guardian of the victim
• The defendant is related to the victim
• The defendant has disciplinary/supervisory power over the victim

Aggravated Criminal Sexual Contact is a third-degree crime in New Jersey, a conviction may carry a maximum penalty of 5 years in prison with Megan’s Law Registration and Parole Supervision for Life (2C:14-3a & 2C:7-2b). 

Criminal Sexual Contact, 4th Degree

In New Jersey, a defendant is charged with Aggravated Criminal Sexual Contact if they intentionally touched the victim or themselves for their own sexual arousal or the sexual humiliation of the victim.

If convicted of Criminal Sexual Contact, which is a fourth-degree crime, you may potentially face up to 18 months in prison (2C:14-3b). If the victim is a minor, a conviction will also carry with it Megan’s Law Registration and Parole Supervision for Life.

Rape Kits

All rape kit evidence is preserved and maintained for at least five years. A sexual abuse nurse will conduct a Sexual Abuse Nurse Exam (“SANE”) utilizing a rape kit. 

According to the New Jersey Attorney General’s Office, all rape kits submitted in criminal investigations are tested as soon as they are sent to the State Police lab in Hamilton.

Statutory Rape

In New Jersey, the legal age a person can consent to participate in sexual activity is 16 years old. The statutory rape laws in NJ are violated when a person has consensual sexual intercourse with an individual aged 15 or younger. There is a close-in-age exemption allowing minors ages 13 – 15 to have sex with a partner up to 4 years older.

Successfully Defending A Sexual Assault Allegation

An accusation of sexual assault can be life-changing. Even a suspect with no prior criminal history can be arrested and incarcerated based upon little to no evidence of a crime. The penalties for some sexual crimes can result in a life sentence to prison. It is important to have an experienced advocate to guide you through the legal process and ensure that your rights are protected and the truth is told.

In the beginning stages of a case, it is important to avoid critical mistakes and be proactive in preparing a defense.

• No matter what – never speak to the police or law enforcement about the allegations without consulting with an attorney. Many people believe that “if I just tell the police what happened this will go away.” That is almost never true. By the time the police ask to speak to you, they have likely already decided to charge you and nothing you say will change their mind. Also, with every word that comes out of your mouth you may be confirming details that a prosecutor would otherwise be unable to prove in court.
• Preserve records! Text messages, social media messages, emails, phone calls, and other communication can often save a case. If there is any communication between a suspect and an accuser they should be retained so that the accuser can be confronted with their own words.
• Get a lawyer immediately. Don’t assume that this “will just go away.” Sometimes obtaining counsel early can avoid charges being filed. A good lawyer will initiate a dialogue with law enforcement and a prosecutor to make sure that they are aware of evidence that may exonerate you.

After a suspect is charged the process can move very quickly in the beginning. It may be necessary to convince a Judge that you should not be incarcerated as the case drags on. It is important that an attorney be well versed in the case at that hearing. As the case proceeds there are a number of issues that must be addressed, such as

• Forensic evidence or lack thereof
• Illegal searches
• Misleading statements of witnesses
• Improper questioning of witnesses
• Bias in the investigation
• Delayed disclosure
• Motive to fabricate an allegation

At Rosenberg | Perry & Associates our legal team has decades of experience from both the prosecution and defense perspectives. Our knowledge and dedication will focus on the best defense strategy and obtaining the best possible result in every case. Contact us today for more information on how we can help.