Bergen County Sexual Assault Defense Attorney
The crime of sexual assault in New Jersey came from what had been called rape. Prior to the enactment of New Jersey’s current sexual assault statute two distinct types of rape were recognized, forcible rape and statutory rape. The term ” rape” is now considered by many experts and states (including New Jersey) as old-fashioned and imprecise. New Jersey and many other states have eliminated the term rape. New Jersey’s criminal code now refers to various levels of “sexual assault” rather than rape.
What Is Sexual Assault?
The best way to understand rape or “sexual assault” in a generic sense is to look at it as an unwanted bodily invasion that doesn’t necessarily involve force. A bodily invasion can include unwanted oral sex, unwanted anal sex and unwanted vaginal sex. It can also involve consensual sex with a minor which in New Jersey, in the context of a sexual assault, generally involves someone who is less than 16 years of age.
Under New Jersey law, sexual assault is “graded” based upon the severity of the offense. The sexual assault statute in New Jersey is N.J.S.A. 2C:14-2. There are 2 basic types of sexual assault under New Jersey law, “aggravated sexual assault” and ” sexual assault.” Both offenses fall under the more current definition of rape, namely an unwanted bodily invasion. Sexual Assault is a crime of the second degree under New Jersey law. Aggravated sexual assault in New Jersey is a crime of the first degree.
What Is Aggravated Sexual Assault?
Aggravated Sexual Assault is the most severe type of sexual offense in New Jersey. Aggravated sexual assault is a first-degree crime.
Aggravated sexual assault includes an act of sexual penetration with another person under any one of the following circumstances:
- The victim is less than 13 years of age;
- The victim is at least 13 but less than 16 years old, and certain other conditions exist, such as a blood relative or supervisory power over the victim;
- 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;
- 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;
- The actor is aided or abetted by one or more other persons, and the actor uses physical force or coercion;
- The actor uses physical force or coercion, and severe personal injury is sustained by the victim;
- The victim is one whom the actor knew or should have known was physically helpless, mentally incapacitated, or had a mental disease or defect which rendered the victim temporarily or permanently incapable of understanding the nature of his conduct, including, but not limited to, being incapable of providing consent.
Need a Rape Defense Lawyer in Bergen County? Contact Us
The above is merely a brief and simplified overview of aggravated sexual assault under New Jersey law. This outline of aggravated sexual assault should not be used as a guideline for sexual offenses under New Jersey law nor should it be considered an exhaustive analysis of aggravated sexual assault under New Jersey law. If you have been charged with a sex crime in New Jersey or you are being investigated for a sex crime and you need a strong criminal defense, Law Offices of Joseph R. Donahue, LLC can help.
Call us at (201) 488-7707 or schedule your consultation today.
