Elizabeth, NJ Aggravated Sexual Assault Lawyer

The New Jersey law of aggravated sexual assault is a criminal law that prohibits a person from engaging in sexual penetration with another person under certain circumstances that make the act unlawful and aggravated. Sexual penetration means vaginal intercourse, cunnilingus, fellatio, anal intercourse, or the insertion of a hand, finger, or object into the anus or vagina. Aggravated sexual assault can be a serious offense that carries severe penalties, depending on the factors of the offense. Therefore, it is important to understand the legal definition, elements, penalties, and defenses of aggravated sexual assault in New Jersey, as well as some relevant cases and examples.

If you are accused of aggravated sexual assault, 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, here’s why you should consider Attorney Brett M. Rosen:

1. Experience: Brett M. Rosen is a seasoned lawyer, licensed in both New York and New Jersey. He has been practicing law for over 9 years, specializing in criminal and civil litigation. He’s certified by the Supreme Court of New Jersey as a Criminal Trial Attorney.*
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” (Mr. A) and “Brett kept his patience and kept his drive to win my case” (Earl).**
3. Recognition: He has been recognized by Thomson Reuters Super Lawyers Rising Stars for six consecutive years.***

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

*Advertisement: Brett M. Rosen is Certified by the Supreme Court of New Jersey as a Criminal Trial Attorney, this designation is granted by the Supreme Court of New Jersey. Further details about the certification process are available at https://www.njcourts.gov/attorneys/certification.

**Disclosure: Prior results do not guarantee a similar outcome. This testimonial or endorsement does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.

***Disclosure: No aspect of Super Lawyers Rising Stars advertisement has been approved by the Supreme Court of New Jersey. Please visit the Super Lawyers Selection Process for a detailed description of the Super Lawyers selection methodology.

Definition of aggravated sexual assault in New Jersey

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

A person commits an offense if the 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 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;

(5) The actor is aided or abetted by one or more other persons and the actor uses physical force or coercion;

(6) The actor uses physical force or coercion and severe personal injury is sustained by the victim;

(7) The victim is one whom the actor knew or should have known was physically helpless or incapacitated, intellectually or 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.

The definition of aggravated sexual assault covers any situation where a person engages in sexual penetration with another person without their consent or under certain circumstances that make the act unlawful and aggravated. However, not every act of sexual penetration constitutes aggravated sexual assault. The offender must also have the intent to commit the act and the knowledge that the act is unlawful.

Elements of aggravated sexual assault in New Jersey

To prove that a person is guilty of aggravated sexual assault in New Jersey, the prosecution must establish the following elements beyond a reasonable doubt:

• The person committed an act of sexual penetration with another person;
• The person did so without the consent of the other person or under one of the circumstances listed in the definition of aggravated sexual assault;
• The person acted purposely or knowingly, meaning that the person had the conscious objective or awareness to commit the act and to do so unlawfully.

Penalties for aggravated sexual assault in New Jersey

The penalties for aggravated sexual assault in New Jersey vary depending on the factors of the offense. As a general rule, aggravated sexual assault is a first degree crime, punishable by 10 to 20 years in prison and a fine of up to $200,000. However, there are some exceptions and enhancements that may apply, such as:

• If the victim is less than 13 years old, the person must be sentenced to a specific term of years which shall be fixed by the court and shall be between 25 years and life imprisonment, of which the person shall serve 25 years before being eligible for parole, unless a longer term of parole ineligibility is otherwise provided by law.

In addition to the prison time and the fines, a person convicted of aggravated 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 factors 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.

The Jessica Lunsford Act in New Jersey

The Jessica Lunsford Act is a New Jersey law that increases the penalties for aggravated sexual assault of a child under the age of 13. The law is named after Jessica Lunsford, a 9-year-old girl who was kidnapped, raped, and murdered by a registered sex offender in Florida in 2005. The law was signed into effect in New Jersey in 2014.

Key Provisions of the Jessica Lunsford Act

• Mandatory minimum sentence of 25 years to life in prison: The Jessica Lunsford Act imposes a mandatory minimum sentence of 25 years to life in prison for aggravated sexual assault of a child under the age of 13. This means that the defendant must serve at least 25 years in prison before they are eligible for parole.
• Prohibition on plea bargains for less than 15 years in prison: The Jessica Lunsford Act also prohibits prosecutors from offering plea bargains for less than 15 years in prison for aggravated sexual assault of a child under the age of 13. This means that even if the defendant pleads guilty, they will still face a significant prison sentence.
• Increased penalties for harboring sex offenders: The Jessica Lunsford Act also increases the penalties for harboring sex offenders. This means that it is a crime to knowingly provide shelter or other assistance to a person who is a registered sex offender.

Impact of the Jessica Lunsford Act

The Jessica Lunsford Act has been credited with helping to protect children from sexual predators. The law has also made it more difficult for sex offenders to re-offend after they are released from prison.

Megan’s Law & Parole Supervision for Life (PSL)

Megan’s Law is a New Jersey law that requires certain sex offenders to register with local law enforcement and to keep police informed when they move. The law is named after Megan Kanka, a 7-year-old girl who was murdered by a neighbor who had been convicted of sexual assault. Megan’s Law was enacted in 1994 to help protect children from sex offenders.

Parole Supervision for Life (PSL) is a New Jersey law that requires certain sex offenders to be supervised by a parole officer for the rest of their lives. PSL was enacted in 2004 to further protect the public from sex offenders.

FAQs Regarding Megan’s Law & PSL

Who Must Register Under Megan’s Law?

Individuals who are convicted of certain sex offenses in New Jersey must register under Megan’s Law. These offenses include:

• Aggravated sexual assault
• Sexual assault
• Aggravated criminal sexual contact
• Kidnapping (i.e. where victim is less than 16 and is subjected to a sex offense or is sold or delivered to another person for pecuniary gain)

Who Is Subject to PSL?

Individuals who are convicted of certain sex offenses in New Jersey are subject to PSL. These offenses include:

• Aggravated sexual assault
• Sexual assault
• Aggravated criminal sexual contact
• Kidnapping (i.e. where victim is less than 16 and is subjected to a sex offense or is sold or delivered to another person for pecuniary gain)

What Are the Requirements of PSL?

Individuals who are subject to PSL must comply with a number of restrictions, including:

• Reporting to a parole officer regularly
• Providing the parole officer with their address and other personal information
• Avoiding contact with certain individuals, such as minors
• Restricting their travel
• Participating in sex offender treatment programs

Can I Petition to Terminate My Registration or PSL Requirements?

Yes, individuals who are subject to Megan’s Law or PSL may petition to terminate their registration or PSL requirements. However, the requirements are very strict, and it is unlikely that a petition will be successful.

Defenses for Aggravated Sexual Assault Charge in New Jersey

A person who is charged with aggravated 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 aggravated sexual assault are:

• Consent. A person may not be guilty of aggravated sexual assault if the other person consented to the act of sexual penetration. 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 aggravated 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 aggravated 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.
• Mistaken Identity: The defendant may argue that they are not the person who committed the alleged assault.
• Insufficient Evidence: The prosecution must prove beyond a reasonable doubt that the defendant committed the crime. If they cannot meet this burden, the defendant should be acquitted.
• False Accusation: The defendant may argue that the alleged victim is lying about the assault. There is also NJ case law that may allow a defendant to bring in prior false accusations. In the case of Kenneth Guenther, he was convicted of various sexual offenses against his stepdaughter, D.F., when she was between the ages of ten and fourteen. At trial, Guenther was denied the opportunity to present evidence of a prior false accusation of sexual abuse that D.F. had made against a neighbor. The issue in this case was whether the credibility of a witness who has accused a defendant of sexual abuse may be impeached by evidence that she made a prior false criminal accusation. The New Jersey Supreme Court held that evidence of a prior false criminal accusation may be admitted to impeach the credibility of a witness who has accused a defendant of sexual abuse. The Court reasoned that such evidence is relevant to the witness’s truthfulness and that it is necessary to protect defendants from false accusations. The Court explained that the common law rule against admitting evidence of specific instances of conduct to attack a witness’s character for truthfulness generally applies in sexual abuse cases. However, the Court found that this rule should be relaxed in sexual abuse cases because the stakes are high and defendants are particularly vulnerable to false accusations. The Court also found that the admission of evidence of a prior false criminal accusation does not violate a defendant’s state or federal constitutional right of confrontation. The Court explained that the right of confrontation is not a license to cross-examine a witness about any matter, regardless of its relevance. The decision in State v. Guenther is significant because it creates a narrow exception to the common law rule against admitting evidence of specific instances of conduct to attack a witness’s character for truthfulness. This exception applies only in sexual abuse cases and allows defendants to present evidence of a prior false criminal accusation by the victim.

Cases and examples of aggravated sexual assault in New Jersey

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

• The defendant, J.A., was convicted of aggravated sexual assault, sexual assault, and endangering the welfare of a child for having sexual intercourse with his 15-year-old niece, S.A., on several occasions. The defendant claimed that S.A. consented to the sexual relationship, as she had a history of sexual activity and had a crush on him. However, the court rejected his argument, finding that S.A. did not consent to the sexual acts, as she was under the age of 16, and that the defendant was related to her by blood or affinity to the third degree. The court also held that the defendant’s prior sexual offenses against other minors were admissible to show his propensity to commit such crimes. The court affirmed the defendant’s sentence of life imprisonment with a 25-year parole disqualifier. The case citation is: State v. J.A., 2001 WL 111230 (N.J.Super.A.D. Feb. 5, 2001).
• The defendant, Juan Cruz-Pena, was found not guilty of first degree aggravated sexual assault, but was convicted of kidnapping, aggravated criminal sexual contact, and aggravated assault for sexually abusing a woman, C.M., for four to five hours in an abandoned house. The defendant claimed that C.M. consented to the sexual acts, as they had agreed to exchange sex for drugs. However, the court rejected his argument, finding that C.M. did not consent to the sexual acts, as she was under the influence of drugs, and that the defendant used force and threats to restrain her. The court also held that the defendant’s prior sexual offenses against other women were admissible to show his motive and intent. The court affirmed the defendant’s sentence of 45 years imprisonment with a 22.5-year parole disqualifier. The case citation is: State v. Cruz-Pena, 2019 WL 2612824 (N.J. Super. Ct. App. Div. June 21, 2019).
• The defendant, J.R., appealed from the denial of his petition for post-conviction relief (PCR), contending he established a prima facie case of ineffective assistance of counsel requiring an evidentiary hearing. The trial judge determined the evidence was insufficient to sustain the defendant’s burden, and thus the appeal was denied. J.R. was convicted by a jury of first-degree aggravated sexual assault, second-degree endangering the welfare of a child, second-degree sexual assault, and fourth-degree child abuse against the daughter of his stepson. The offenses occurred when the child was between ten and twelve years old. The case turned almost exclusively on the credibility of the minor victim, and the State presented the testimony of an expert in Child Sexual Abuse Accommodation Syndrome (CSAAS) to explain the child’s delay in reporting the abuse. The Supreme Court reversed the decision of the Appellate Division, deeming the error in the CSAAS testimony harmless in light of the victim’s compelling testimony and the State’s impeachment of the defendant’s credibility on cross-examination.

New Jersey Aggravated Sexual Assault Charge FAQ: Your Questions Answered

Facing an aggravated sexual assault charge in New Jersey can be very stressful and concerning. This FAQ sheds light on common questions regarding aggravated sexual assault in the Garden State:

• Question: Is there a statute of limitations for aggravated sexual assault charge in New Jersey? 
   
  • Answer: In New Jersey, there is no statute of limitations for criminal charges of aggravated sexual assault. This means that a criminal case can be initiated at any time, regardless of how much time has passed since the alleged offense occurred. It’s important to note that this information is based on the current laws and could be subject to change, so it’s always best to consult with a legal professional for the most up-to-date advice. For civil cases, different rules apply, and survivors have extended timeframes to file a lawsuit.

• Question: What counts as penetration for an aggravated sexual assault charge in New Jersey?
   
  • Answer: In New Jersey, for the charge of aggravated sexual assault, “sexual penetration” is defined as vaginal intercourse, cunnilingus, fellatio, or anal intercourse between persons, or the insertion of the hand, finger, or object into the anus or vagina either by the defendant or at the defendant’s instruction. This definition is part of the broader legal framework that outlines the circumstances under which aggravated sexual assault is determined. 

• Question: Is plea bargaining allowed on a New Jersey aggravated sexual assault charge?
   
  • Answer: In New Jersey, plea bargaining in cases of aggravated sexual assault is subject to specific guidelines. For instance, the prosecutor may offer a negotiated plea agreement where the defendant would be sentenced to a specific term of imprisonment of not less than 15 years, during which the defendant shall not be eligible for parole. However, there are limitations, especially in cases involving victims under the age of 13, where the Lunsford Act imposes mandatory guidelines for plea bargaining and sentencing. 

• Question: What is the New Jersey Lunsford Act and what does it have to do with aggravated sexual assault?

  • Answer: The Lunsford Act in New Jersey, also known as the Jessica Lunsford Act, establishes mandatory guidelines for plea bargaining and sentencing in cases involving sexual assault victims under the age of 13. Key components of the act include:

    • Limitation on Plea Bargaining: Prosecutors cannot offer a plea deal with a prison term of less than 15 years for pre-indictment cases involving victims under 13.
    • Escalation of Plea Upon Expiration or Indictment: The prosecutor must set an expiration date for the pre-indictment plea offer. After this date or upon indictment, the prosecutor cannot offer a plea deal with less than an additional 3 years of parole ineligibility.
    • Special Sentence Upon Conviction: If convicted at trial for aggravated sexual assault of a child under 13, the individual must be sentenced to at least 25 years without parole, up to a life sentence.

• Question: Can I be charged with aggravated sexual assault if the victim is an adult?
  • Answer: Yes, in New Jersey, an individual can be charged with aggravated sexual assault if the victim is an adult. The law specifies that aggravated sexual assault can occur under various circumstances, including but not limited to situations where the victim is physically or mentally incapacitated, or when the act is committed through force, coercion, or without the victim’s consent and results in severe personal injury.

FAQs Continued

• Can an Aggravated Sexual Assault charge be reduced or dismissed?
  • It is extremely difficult but possible. An experienced attorney can thoroughly investigate the case, identify weaknesses in the prosecution’s evidence, and negotiate with the prosecutor to potentially reduce or, in rare cases, dismiss the charges. However, prosecutors take these charges very seriously.

• I’ve been accused of Aggravated Sexual Assault. What should I do?

  • Remain Silent: Do not speak to law enforcement or anyone else about the allegations without an attorney present.
  • Hire an Attorney Immediately: This is crucial. An experienced criminal defense attorney specializing in sex crimes can protect your rights and build a strong defense.
  • Do Not Contact the Alleged Victim: Any contact could be considered witness tampering or intimidation, which could result in further charges.

• Will I have to register as a sex offender if I am convicted of Aggravated Sexual Assault?

  • Yes. A conviction for Aggravated Sexual Assault in New Jersey will require lifetime registration as a sex offender under Megan’s Law.

• How can an attorney help me if I’m facing these charges?

  • An attorney can:

    • Protect your constitutional rights.
    • Thoroughly investigate the case and gather evidence.
    • Challenge the prosecution’s evidence and witnesses.
    • Negotiate with the prosecutor for a possible plea agreement, if appropriate.
    • Represent you in court and present a vigorous defense at trial.
    • Advise you on the potential consequences of a conviction and help you make informed decisions.

New Jersey Aggravated Sexual Assault Attorney 

If you have been charged with the aggravated sexual assault, 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.

Brett M. Rosen, Esq., has experience and is dedicated to helping his clients achieve the best possible outcome in their cases. We understand the serious consequences of a conviction for aggravated sexual assault, and we will fight aggressively to protect your rights and interests.

Why Hire Brett M. Rosen as Your Criminal Defense Lawyer in New Jersey?

When facing legal challenges, choosing the right attorney is crucial. Brett M. Rosen is a dedicated advocate with a record of compassionate and expert legal representation. Here’s why you should consider him for you or your loved one’s aggravated sexual assault case in New Jersey:

Expertise: Brett M. Rosen is certified by the Supreme Court of New Jersey as a Criminal Trial Attorney. 

Authoritativeness: Rosen has been quoted by media outlets such as CNN, New York Times, Fox News, Arabian Business, and FandomWire.

Trustworthiness: Clients trust Brett M. Rosen because of his ethical practice, transparent communication, and commitment to their rights. His empathetic approach ensures that clients are not just case numbers but individuals with stories that matter.

Choosing Brett M. Rosen means retaining a lawyer who will fight tirelessly for your rights, ensuring that your voice is heard and your case is presented with the utmost care and competence.

Contact us today for a free consultation at 908-312-0368.

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