Elizabeth, NJ Sexual Assault Charge Lawyer

The New Jersey law of sexual assault is a criminal law that prohibits a person from engaging in sexual penetration or sexual contact with another person without their consent or under certain circumstances that make the act unlawful. Sexual assault can be a serious offense that carries severe penalties, depending on the degree and the factors of the offense. Therefore, it is important to understand the legal definition, types, degrees, penalties, and defenses of sexual assault in New Jersey, as well as some relevant cases and examples.

If you are accused of sexual assault, aggravated sexual assault, criminal sexual contact, aggravated criminal sexual contact, or lewdness in New Jersey, you need to understand the law and your rights. You also need to hire a New Jersey criminal defense lawyer who has the experience and the skills to handle your case and fight for your freedom. If you’re seeking legal representation in New Jersey, particularly in the areas of criminal defense, domestic violence, or manslaughter, Attorney Brett M. Rosen is an excellent choice. Here’s why:

1. Experience: Brett M. Rosen is a seasoned lawyer, licensed in both New York and New Jersey. He has been practicing law for over 8 years, specializing in criminal and civil litigation.
2. Client Satisfaction: Rosen has received high praise from his clients for his professionalism and effectiveness. Clients have described him as “the example of a true winner” and “one of NJ’s finest attorneys”.
3. Trial Skills: Rosen has demonstrated exceptional trial skills, standing ‘toe to toe’ at trial against current and former prosecutors, and certified criminal and civil trial attorneys. His aggressive questioning and thorough approach have been commended by clients.
4. High-Profile Cases: Rosen has handled high-profile cases, including representing a celebrity on their domestic violence case and a Grammy-Award winning artist on their drug cases.
5. Recognition: He has been recognized as a Rising Star by Super Lawyers.

Contact us today for a consultation, or continue reading this guide that will provide you with a general overview of the sexual assault law in New Jersey, as well as some common defenses that may be available to you.

Definition of Sexual Assault Charge in New Jersey

According to the New Jersey Code of Criminal Justice, sexual assault, 2C:14-2, is defined as:

A person commits an offense if the person 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; or the person commits an act of sexual penetration with another person under any one of the following circumstances: (1) The actor uses physical force or coercion, but the victim does not sustain severe personal injury; (2) 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; (3) The victim is at least 16 but less than 18 years old and: (a) The actor is related to the victim by blood or affinity to the third degree; or (b) The actor has supervisory or disciplinary power of any nature or in any capacity over the victim; or (c) The actor is a resource family parent, a guardian, or stands in loco parentis within the household; (4) 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 definition of sexual assault covers any situation where a person engages in sexual penetration or sexual contact with another person without their consent or under certain circumstances that make the act unlawful. However, not every act of sexual penetration or sexual contact constitutes sexual assault. The offender must also have the intent to commit the act and the knowledge that the act is unlawful. For example, if a person engages in sexual penetration or sexual contact with another person who is asleep, unconscious, or otherwise unable to consent, the person may be guilty of sexual assault, unless the person reasonably believed that the other person consented.

Types of sexual assault in New Jersey

The New Jersey law of sexual assault distinguishes between two types of sexual assault: aggravated sexual assault and sexual assault. Each type of sexual assault has its own elements and degrees.

• Aggravated sexual assault occurs when a person commits an act of sexual penetration with another person under any one of the following circumstances: (1) The victim is less than 13 years old; (2) The victim is at least 13 but less than 16 years old and the actor is related to the victim by blood or affinity to the third degree, or has supervisory or disciplinary power over the victim, or is a resource family parent, a guardian, or stands in loco parentis within the household; (3) The act is committed during the commission or attempted commission of another crime, such as robbery, kidnapping, homicide, or burglary; (4) The actor is armed with a weapon or threatens to use a weapon; (5) The actor is aided or abetted by one or more other persons and uses coercion or does not have the victim’s consent; (6) The actor uses coercion or does not have the victim’s consent and causes severe personal injury to the victim; (7) The victim is physically, mentally, or intellectually incapacitated or has a mental disease or defect that renders the victim unable to consent or understand the nature of the act
• Sexual assault occurs when a person 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; or the person commits an act of sexual penetration with another person under any one of the following circumstances: (1) The actor uses physical force or coercion, but the victim does not sustain severe personal injury; (2) 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; (3) The victim is at least 16 but less than 18 years old and the actor is related to the victim by blood or affinity to the third degree, or has supervisory or disciplinary power over the victim, or is a resource family parent, a guardian, or stands in loco parentis within the household; (4) The victim is at least 13 but less than 16 years old and the actor is at least four years older than the victim

Degrees of Sexual Assault Charge in New Jersey

The degree of sexual assault in New Jersey depends on the type and the severity of the offense. The following table summarizes the possible degrees of sexual assault in New Jersey:

Penalties for Sexual Assault Charge in New Jersey

The penalties for sexual assault in New Jersey vary depending on the degree of the offense. As a general rule, the higher the degree, the harsher the penalty. The following table summarizes the possible penalties for sexual assault in New Jersey:

In addition to the prison time and the fines, a person convicted of sexual assault in New Jersey may also face other consequences, such as:

• Mandatory registration as a sex offender under Megan’s Law
• Community supervision for life or parole supervision for life, depending on the degree and the circumstances of the offense
• Loss of certain civil rights, such as the right to vote, serve on a jury, or own a firearm
• Creation of a criminal record that can affect the person’s employment, education, housing, and immigration opportunities

New Jersey Sexual Assault Law

The New Jersey Sexual Assault Law, also known as the Sexual Assault Violence Intervention and Prevention Act (SAVIPA), is a comprehensive law that addresses sexual assault in the state of New Jersey. The law was enacted in 2016 and has been amended several times since then.

The SAVIPA defines sexual assault as any sexual contact or behavior that is not consented to by the victim. The law also includes a number of provisions that are designed to protect victims of sexual assault and prevent future assaults from occurring.

Key provisions of the SAVIPA include:

• A requirement that all law enforcement agencies in New Jersey adopt a comprehensive sexual assault response policy
• A requirement that all hospitals in New Jersey provide sexual assault victims with access to a sexual assault nurse examiner (SANE)
• A requirement that all colleges and universities in New Jersey provide sexual assault victims with access to confidential counseling and support services
• A requirement that all schools in New Jersey provide sexual assault awareness and prevention education to students

Megan’s Law

Megan’s Law is a New Jersey law that requires sex offenders to register with the state. The law was enacted in 1994 in response to the kidnapping, rape, and murder of seven-year-old Megan Kanka by a neighbor who had previously been convicted of a sexual offense.

Megan’s Law requires sex offenders to register with their local police department and provide information about their name, address, date of birth, and offense history. The information is then made available to the public through a website maintained by the New Jersey State Police.

Parole Supervision for Life

Parole supervision for life is a requirement that some sex offenders must meet after they are released from prison. This requirement means that sex offenders will be supervised by a parole officer for the rest of their lives.

Parole officers are responsible for monitoring sex offenders’ compliance with the terms of their parole. This may include requiring sex offenders to attend sex offender treatment programs, wear GPS ankle monitors, and stay away from schools, parks, and other places where children are present.

Intertwining of Megan’s Law and Parole Supervision for Life

Megan’s Law and parole supervision for life are intertwined in several ways. First, both laws are designed to protect the public from sex offenders. Megan’s Law provides the public with information about sex offenders so that they can take steps to protect themselves and their families. Parole supervision for life ensures that sex offenders are closely monitored and supervised after they are released from prison.

Second, both laws are based on the principle that sex offenders pose a high risk of re-offending. Megan’s Law requires sex offenders to register with the state because they are considered to be a high risk to the public. Parole supervision for life is required for some sex offenders because they are considered to be the highest risk of re-offending.

Finally, both laws have been controversial. Some people argue that Megan’s Law is an invasion of privacy and that parole supervision for life is too harsh. Others argue that both laws are necessary to protect the public from sex offenders.

Sexual Assault Protective Orders (SASPOs)

In New Jersey, sexual assault protective orders, also known as SASPOs, are civil court orders that can be issued to protect victims of sexual assault from further harm. These orders can be granted regardless of whether criminal charges have been filed against the alleged perpetrator.

Types of SASPOs

There are two types of SASPOs in New Jersey: temporary and final.

• Temporary SASPOs (TSASPOs) are issued without notice to the alleged perpetrator and are typically valid until the case is resolved. A SASPO can still be in effect after the case has been resolved depending on what the defendant pled to and what the specific plea negotiations were settled upon. A TSASPO is issued if the court finds that there is probable cause to believe that the alleged perpetrator has committed sexual assault and that the victim is in immediate danger of further harm. Probable cause is a low standard. 

SASPOs can prohibit the alleged perpetrator from engaging in a variety of conduct, including:

• Contacting the victim directly or indirectly
• Approaching the victim’s home, school, or workplace
• Stalking or harassing the victim

Violating a SASPO is a crime in New Jersey.

Defenses for Sexual Assault Charge in New Jersey

A person who is charged with sexual assault in New Jersey may have several defenses available, depending on the facts and circumstances of the case. Some of the common defenses for sexual assault are:

• Consent. A person may not be guilty of sexual assault if the other person consented to the act of sexual penetration or sexual contact. Consent means a voluntary, affirmative, and freely-given agreement to engage in a specific sexual act with a specific person. Consent can be expressed verbally or non-verbally, but it can also be withdrawn at any time. Consent cannot be given by a person who is under the legal age of consent, which is 16 years old in New Jersey, or by a person who is incapacitated by drugs, alcohol, or other factors. Consent cannot be obtained by fraud, deception, coercion, or force.
• Alibi. A person may not be guilty of sexual assault if the person can prove that he or she was not present at the time and place of the alleged offense, and that he or she had no involvement in the offense. This defense requires credible evidence, such as witnesses, documents, or records, that can establish the person’s whereabouts and activities at the relevant time.
• Insanity. A person may not be guilty of sexual assault if the person can prove that he or she was legally insane at the time of the offense, and that he or she did not know the nature and quality of the act, or that he or she did not know that the act was wrong. This defense requires expert testimony, such as from a psychiatrist or a psychologist, that can demonstrate the person’s mental condition and its effect on the person’s ability to understand and appreciate the consequences of his or her actions.

Cases and examples of sexual assault in New Jersey

The following are some cases and examples of sexual assault in New Jersey that illustrate the application of the law and the defenses:

• In State v. M.T.S., the defendant was convicted of sexual assault for having sexual intercourse with a 15-year-old girl without her consent. The defendant argued that the girl consented to the act, as she did not resist or say no. However, the court upheld his conviction, finding that the girl did not consent to the act, as she was asleep when the defendant entered her room, and she was afraid and shocked when she woke up and realized what was happening. The court also held that the defendant did not reasonably believe that the girl consented to the act, as he admitted that he knew that she was asleep and that he did not ask for her permission.

• In State v. Smith, the case is about whether a husband can be charged with raping his estranged wife under the former New Jersey statute, N.J.S.A. 2A:138-1, which did not explicitly exclude marriage as a defense. The defendant, Albert Smith, allegedly broke into the apartment of his wife, Alfreda Smith, and beat and raped her. They had been married for seven years but had lived separately for one year, without any formal separation agreement or divorce proceedings. The trial court dismissed the rape charge, holding that the statute implicitly incorporated the common-law marital rape exemption. The appeals court affirmed the dismissal, and the state supreme court granted review. The state supreme court reversed the dismissal, holding that the marital rape exemption was not applicable in this case, and that the defendant could be prosecuted for raping his wife. The court reasoned that the exemption was based on outdated notions of marital consent and property rights, and that it violated the equal protection and due process rights of married women. The court also noted that the legislature had amended the statute to expressly exclude marriage as a defense.

New Jersey Sexual Assault Charge FAQs: Your Questions Answered

Facing a sexual assault charge in New Jersey can be overwhelming. Here are some frequently asked questions (FAQs) to shed light on the legal process and your rights:

• Question: Is there a statute of limitations for a sexual assault charge in New Jersey?
  • Answer: In New Jersey, there is no statute of limitations for criminal cases of sexual assault. This means that survivors of sexual violence can bring a criminal case against the person who harmed them at any point in time. 

• Question: Is a sexual assault charge in New Jersey considered a rape charge?
  • Answer: In New Jersey, the legal term for what is commonly referred to as “rape” is “sexual assault.” The law defines sexual assault as an act of penetration, no matter how slight, in which physical force or coercion is used, or in which the victim is physically or mentally incapacitated. This definition encompasses a range of non-consensual sexual acts that are prosecuted under the state’s criminal justice system.

• Question: What if the only evidence is the victim’s word, is that enough for a conviction of sexual assault in New Jersey?
  • Answer: In New Jersey, as in many jurisdictions, a conviction for sexual assault can be based solely on the testimony of the victim, provided that the testimony is found to be credible and convincing beyond a reasonable doubt by the jury or judge. The law does not require additional evidence like DNA or eyewitness testimony for a conviction. However, the strength of the victim’s word and how it is perceived by the court can vary greatly from case to case.

• Question: What is considered penetration under a New Jersey sexual assault charge?
  • Answer: In New Jersey, the legal definition of penetration for a sexual assault charge includes any degree of insertion, however slight, of a body part or object into the vagina or anus. This can involve vaginal intercourse, cunnilingus, fellatio, anal intercourse, or the insertion of a hand, finger, or object. The law emphasizes that the depth of insertion is not relevant; any amount of penetration, even if minimal, is considered sufficient to meet the definition.

• Question What acts are considered sexual assault in New Jersey?

  • Answer: New Jersey law defines sexual assault as any sexual contact without the victim’s consent. This includes penetration (however slight), sexual touching, and situations where the victim is unable to consent due to intoxication, unconsciousness, or threats.

• Question: Are there different degrees of sexual assault charges?

  • Answer: Yes. New Jersey categorizes sexual assault charges based on severity, with varying penalties. These degrees include:

    • First-Degree Aggravated Sexual Assault: Most serious, involving factors like weapons or attacks on vulnerable victims. (Penalties: Up to 20 years in prison)
    • Second-Degree Sexual Assault: Covers penetration or aggravated sexual contact. (Penalties: 5-10 years)
    • Third-Degree Aggravated Criminal Sexual Contact: Includes acts like groping or forced oral sex. (Penalties: 3-5 years)
    • Fourth-Degree Criminal Sexual Contact: Least serious, involving unwanted touching. (Penalties: Up to 18 months)

• Question: What should I do if I’ve been charged with sexual assault?

  • Answer: Remain silent and seek legal counsel immediately. An experienced New Jersey criminal defense attorney, such as Brett M. Rosen, can advise you on your best course of action.
    

Premier New Jersey Sexual Assault Charge Attorney 

If you have been charged with sexual assault, aggravated sexual assault, criminal sexual contact, aggravated criminal sexual contact in New Jersey, it is important to contact an experienced criminal defense attorney immediately. An attorney can help you understand your rights and options, and develop a strong defense strategy.

At Rosen Law Firm, we have experience and are dedicated to helping our clients achieve the best possible outcome in their cases. We understand the serious consequences of a conviction for sexual assault, and we will fight aggressively to protect your rights and interests. 

Choose Brett M. Rosen: Your Champion in New Jersey’s Criminal Defense Arena

When facing criminal charges in New Jersey, the attorney you choose can make all the difference. Brett M. Rosen is not just a lawyer; he’s a dedicated defender of your rights with a proven track record of success. Here’s why Brett M. Rosen stands out:

1. Unmatched Legal Expertise: With years of experience in the legal field, Brett M. Rosen has honed his skills to navigate the complexities of criminal law. His deep understanding of New Jersey’s legal landscape ensures that your case is in knowledgeable hands.

2. A Record of Excellence: Clients and peers alike praise Brett M. Rosen for his legal acumen and courtroom prowess. With a history of favorable outcomes, he’s the advocate you want in your corner during critical moments.

3. Personalized Attention: Every case is unique, and so is Brett M. Rosen’s approach. He provides personalized legal strategies tailored to the specifics of your situation, ensuring that you receive the focused representation you deserve.

4. Aggressive Representation: In the courtroom, Brett M. Rosen is known for his relentless pursuit of justice. His aggressive cross-examination and strategic defense tactics have earned him a reputation as a formidable opponent.

5. Compassionate Client Care: Beyond legal strategies, Brett M. Rosen understands the emotional toll of criminal charges. He offers compassionate support, guiding you through every step of the process with empathy and respect.

6. High-Profile Case Experience: From celebrities to reality stars, Brett M. Rosen has handled cases that demand discretion and a sophisticated defense strategy. His experience with high-profile cases means he’s equipped to handle the spotlight while protecting your interests.

7. Recognition and Awards: Brett M. Rosen’s excellence hasn’t gone unnoticed. He’s been recognized as one of the top criminal defense attorneys and has received accolades that place him among the elite in New Jersey’s legal community.

If you’re seeking a criminal defense attorney in New Jersey who combines legal expertise, a track record of success, personalized attention, and a compassionate approach, look no further than Brett M. Rosen. Contact him today to ensure that your rights are fiercely defended.

Contact us today for a free consultation.