Bergen County Sexual Assault Lawyer

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 by many states (including New Jersey) as an old fashioned and imprecise term. Today, New Jersey and many other states have eliminated the term rape altogether. New Jersey’s criminal code now refers to various levels of “sexual assault” rather than rape.

If you are facing charges for sexual assault, speak with our defense attorney about your options right away.

What Is a Sexual Assault?

The best way to understand 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.

Depending on the circumstances of a case, an individual could be charged with sexual assault, which is a second-degree offense. However, if penetration occurred, the accused person might be charged with aggravated sexual assault, which is an offense in the first degree.

Many of the conditions of the laws about sexual assault in New Jersey are related to the age of the younger partner. Sexual contact of any sort between an adult and an individual under 13 years of age is considered sexual assault, and if there was penetration, the charge will be aggravated. If one party in a sexual act is between 13 and 16 years of age and the other party is more than four years older than them, the law will view it as an act of sexual assault. The charge will be raised to aggravated if the older party had some sort of responsibility over the younger party, such as disciplinary power or blood relation.

Anyone who has been accused of crimes relating to sexual misconduct in New Jersey may wish to consider a defense strategy. If convicted for sexual assault, penalties may include prison terms of years in duration and any number of supervisory provisions for release.

Sexual Assault in New Jersey

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. 

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:

• The actor uses physical force or coercion, but the victim does not sustain severe personal injury;
• 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;
• The victim is at least 16 but less than 18 years old and the actor is related to the victim or the actor has supervisory or disciplinary power over the victim;
• The victim is at least 13 but less than 16 years old and the actor is at least 4 years older than the victim.

For an explanation of the crime of aggravated sexual assault, click on that term to be referred to a more detailed analysis.

Experienced Bergen County Sexual Assault Lawyer

The above is merely a brief and simplified overview of sexual assault under New Jersey law. This outline of 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 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.

Accused of sexual assault in New Jersey? Call us at (201) 488-7707 or contact our firm online to schedule a consultation.