Sexual assaultSexual Assault Crime law

Sexual assault refers to an attack on a person that is sexual in nature. Any crime in which the offender subjects the victim to sexual touching that is bad and offensive. These crimes can range from sexual groping or assault, to attempted rape. Generally, this conduct is referred to as rape, statutory rape, child rape, child pornography, and sexual assault. A sexual assault crime lawyer can help you in this case.

Generally, state level sexual crime laws is not too different from federal jurisdiction. However states have slightly different guidelines. The legal definition of this term actually differs from state to state. All states prohibit this type of assault. However exact definitions of the crimes that fall in this category is different in every state. So, hiring a local attorney can help you a lot in this is area of the law.

Forms of Sexual Assault

  • Rape and criminal sexual penetration
  • Sexual battery and criminal sexual contact

Consent

  • Sexual conduct with a minor
  • Sexual conduct by person in authority or mental health care provider

If you’ve been charged with sexual assault, then contact us soon. You should know that the penalties can be quite severe in this case. It includes prison time in many cases. It is recommended to hire a sexual assault crime attorney. Check our customer reviews.

If someone falsely accuses you for sex crime, you should speak with an attorney located near you. A local attorney is helpful as laws vary state by state. As a result, you will get a better understanding of the evidence in your case as well as your rights in the process.

Our network of Lawyers know how to defend against a sexual assault, sexual contact charge, or any sex crime. We know the New Jersey criminal justice system very well. We will fight to help you get the best solution possible.

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If you have been accused of a Sex Crime, contact the Ocean County Criminal Lawyers at Riviere Advocacy Group LLC (732)-646-5529

The age of consent in New Jersey is 16. The prosecution can bring statutory rape charges against anyone over eighteen (18) who has sexual relations with someone who fifteen (15) or younger. Moreover, if the adult is in a position of authority or discipline over the sixteen (16) year old, then the age of consent increases to eighteen (18). Consent is not a valid defense to a statutory rape charge in New Jersey.
Aggravated sexual assault: up to 20 years in prison Sexual assault: up to 10 years in prison Aggravated sexual contact: up to 5 years in prison Sexual contact: up to 18 months in prison New Jersey requires life-time registration for anyone convicted of a sex offense in the state

New Jersey: Sexual Assault Charges

New Jersey punishes rape on a tiered scale depending upon the nature of the crime. Rape is punished as “sexual assault” or “aggravated sexual assault.” Aggravated sexual assault is a first degree crime and is used by the prosecution for the sexually violent cases, such as when the victim suffered serious physical injury as a result of the assault, a weapon was used during the assault or the assault occurred during the commission of another crime. Sexual assault is used by the prosecution for less violent, yet still serious sexual crimes which are charged in the second degree.

N.J.S.A. 14-2 et seq. spells out what sexual assault and sexual contact are:

A defendant is guilty of aggravated sexual assault (a crime in the first degree) if the defendant commits an act of sexual penetration with another person under any one of the following circumstances:

Circumstance #1: The victim is less than 13 years old;

Circumstance #2: The victim is at least 13 but less than 16 years old; AND The defendant is related to the victim by blood or affinity to the third degree, OR The defendant has supervisory or disciplinary power over the victim by virtue of the actor’s legal, professional, or occupational status, OR The actor is a resource family parent, a guardian, or stands in loco parentis within the household;

Circumstance #3: The sexual 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;

Circumstance #4: The defendant 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;

Circumstance #5: The defendant is aided or abetted by one or more other persons and the actor uses physical force or coercion;

Circumstance #6: The defendant uses physical force or coercion and severe personal injury is sustained by the victim;

Circumstance #7: The victim is one whom the actor knew or should have known was physically helpless, mentally defective or mentally incapacitated.

A defendant is guilty of sexual assault (a crime in the second degree) if the defendant commits a sexual act of with another person under any one of the following circumstances:

Circumstance #1: A defendant 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 four years older than the victim.

Circumstance #2: The defendant commits and act of sexual penetration with another person and the defendant uses physical force or coercion, but the victim does not sustain severe personal injury;

Circumstance #3: The defendant commits and act of sexual penetration with another person and 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;

Circumstance #4: The defendant commits and act of sexual penetration with another person and the victim is at least 16 but less than 18 years old; AND the defendant is related to the victim by blood or affinity to the third degree; OR the defendant has supervisory or disciplinary power of any nature or in any capacity over the victim; OR the defendant is a resource family parent, a guardian, or stands in loco parentis within the household;

Circumstance #5: The defendant commits and act of sexual penetration with another person and the victim is at least 13 but less than 16 years old and the actor is at least four years older than the victim.

The defendant is guilty of aggravated sexual contact where there is sexual contact (a crimes in the third degree) under the circumstances two through six (2-6), listed under aggravated sexual assault (see above).

The defendant is guilty of sexual contact where there is sexual contact (a crime in the fourth degree) under the circumstances one through five (1-5) listed under sexual assault (see above).