Elizabeth NJ Sex Assault Defense Lawyer
One of the most serious sex offenses an individual can be charged or indicted for in New Jersey is sexual assault. This charge is often referred to as “rape” and is a second degree crime that exposes a defendant to up to ten (10) years in state prison. A conviction for sexual assault also results in mandatory registration as a sex offender. Given the array of extreme penalties that apply in the event that you are convicted of this offense, you definitely need to consult a highly qualified defense lawyer if you have been arrested or brought in for questioning in Elizabeth, Linden, Roselle, Clark, Union or another Union County municipality. An attorney at The Law Offices of Jonathan F. Marshall is ready to assist you in this capacity by contacting our Union NJ Office at 908-272-1700 for a free initial consultation. We are former prosecutors and a team of eight criminal attorneys that possess over 100 years of experience defending clients against statutory rape and other forms of sexual assault. Lawyers on our staff are ready to conduct a comprehensive review of the allegations against you and to provide the assistance you need, including assisting with bail.
Charged With Sexual Assault In Union County New Jersey
Subsections (b) and (c) of N.J.S.A. 2C:14-2 set forth the offense of sexual assault. There are essentially five (5) categories or ways a sexual assault, also referred to as rape, can arise under this statute. There following is a breakdown of each variety of this violation and the basics of the law surrounding each.
- “Sexual Contact” With Victim Under Thirteen & The Actor Is At Least Four Years Older. The term “sexual contact” is defined in more detail under the offense of criminal sexual contact on this website. Its basic meaning is the intentional touching of genitals, anus, breast, groin, buttock or inner thigh. It also applies where the defendant is able to get someone satisfying these age requirements to make sexual contact with the accused, including observing the defendant perform a sexual act (e.g. masturbate). To commit this form of sexual assault, the following must be established beyond reasonable doubt: (i) victim was under 13; (ii) the defendant was at least 4 years older; (iii) there was sexual contact; and (iv) it was the purpose or intent of the accused to either degrade or humiliate the victim or to obtain sexually arousal or gratification.
- “Penetration” With A Victim Who Is At Least Thirteen But Under Sixteen and The Accused Is At Least Four Years Older. Whenever penetration occurs as defined in N.J.S.A. 2C:14-1(c) with someone who has not affirmative and freely consented, it is deemed sexual assault under NJ Law. Since a child under the age of sixteen (16) lacks the ability to “consent” by law, any penetration with someone under this age is a sexual assault except where the actor and victim are within 4 years old or one another.
- “Penetration” With A Victim Who Is At Least Sixteen But Less Than Eighteen & The Accused Is Related, Loco Parentis, Or Has Disciplinary/Supervisory Authority. Even when the child is of age to consent, 2C:14-2 outlaws penetration by those who bear a special relationship with the child. If there is a relation by blood, the accused is a regular caregiver or guardian for the child, they have disciplinary or supervisory authority over the child, penetration is illegal. The thought behind this prohibition is that whenever this type of special relationship exists, it is unreasonable to think that the child has the ability to freely consent given the influence of an adult in this position.
- Actor Uses Force To Obtain Sexual Penetration. To satisfy this sexual assault type, the actor must have used physical force or coercion to accomplish penetration. This would include threatening harm or to negatively effect the victim in just about any way.
- “Penetration” With Victim On Probation, Parole or Detained At A Hospital or Institution. This last variety of rape is intend to address situations where corrections officers and others having extreme authority to have sex with those whom they oversee.
Penalties That Apply To Sexual Assault
Sexual assault is a second degree crime as compared to its first degree sibling, aggravated sexual assault. This rape violation carries a state prison term of between five (5) and ten (10) years. In addition, a fine of $150,000 may be imposed. An individual convicted of this offense is also subject both Megan’s Law and the No Early Release Act.
Megan’s Law. Anyone convicted of sexual assault/rape is subject to Megan’s Law. This law imposes stringent registration and notification requirements for those who are convicted sex offenders. The intention of this system is to provide law enforcement, as well as the public, with critical information in hopes of preventing sexual violations. An individual convicted of sexual assault must register with his/her local police department wherever and whenever they establish residence or move. There is also an internet registry that an individual is subject to. Failure to timely register is a third degree crime and failure to report a change of address or annual verification of address is a fourth degree crime.
No Early Release Act. Sexual assault is categorized as a violent crime under NJ Law. As a result, the No Early Release Act (“NERA”) applies at the time of sentencing and requires that the defendant serve at least eighty-five percent (85%) of his/her prison term before they eligible for parole.
Statute of Limitations for Sexual Assault
While there is a time limit for filing most criminal charges in New Jersey, sexual assault is not one of them. A prosecutor can, in theory, file a criminal complaint or indictment for sexual assault at any time.
Union NJ Rape Offense Attorney
All sexual assault charges are heard at the Union County Superior Court in Elizabeth NJ. The reason is because this is the only court in the county with jurisdiction to preside over indictable criminal offenses. The attorneys at The Law Offices of Jonathan F. Marshall have decades of experience representing clients in this venue on charges filed in towns like Roselle Park, Cranford, Rahway, Hillside and Kenilworth. An attorney on our staff is ready to formulate a plan to insure that you have every opportunity to escape a plea or finding of guilty for this form of rape. A sexual assault lawyer is available immediately at 908-272-1700.