In the state of New Jersey, the legal term for rape is known as sexual assault. Being charged with sexual assault is a very serious offense that carries significant penalties, including substantial time spent in prison and post-conviction requirements. Instead, these actions can leave a person with a record of being a sex offender, causing difficulties in their life moving forward. It is because of this that those who are accused of committing sexual assault should retain the services of an experienced New Jersey sex crimes attorney to protect them from this uncertain future.
How New Jersey Defines Sexual Assault
New Jersey, under NJ Rev Stat § 2C:14-2, defines sexual assault as an act of sexual penetration with another person under a specific set of circumstances. In general, these circumstances revolve around consent, coercion, age, and authority, among other elements that can constitute this offense.
Conduct That Can Result in Sexual Assault Charges
- Sexual penetration through force or coercion
- Sexual acts involving a mentally or physically incapacitated individual
- Sexual contact with a child under 13 by an individual 17 or older
- Sexual acts involving authority, custody, or control
- Sexual acts involving a minor when there is a considerable age difference
When Sexual Assault Becomes Aggravated in New Jersey
Under New Jersey law, sexual assault is a serious criminal offense. However, there are several elements that can elevate a sexual assault charge to the highest level of aggravated sexual assault.
Circumstances That Trigger Aggravated Sexual Assault Charges
- The victim is under 13 years old
- The victim is between the ages of 13 and 16, and you are a family member or have control over them
- The act is committed during the commission of another crime, such as assault, murder, robbery, kidnapping, etc.
- The act is committed using a weapon or the threat of a weapon
- The act is done with the assistance of another person, using force, or the victim is handicapped or incapacitated
What Are the Criminal Penalties for Sexual Assault in New Jersey?
The consequences of committing an act of sexual assault can vary depending on the nature of the crime and the age of the victim in question. However, they are all serious penalties. Sexual assault is usually a second-degree crime, while aggravated sexual assault can be charged as a first-degree criminal offense.
Sentences and Fines by Degree
- Second-Degree Sexual Assault
- Five to ten years in state prison
- Fines of up to $150,000
- First-Degree Aggravated Sexual Assault
- Ten to twenty years in prison
- Potential fines of up to $200,000
- Sexual Assault of a Child Under 13
- Potential for life imprisonment
Mandatory Parole Supervision and Sex Offender Registration
If you are convicted of sexual assault in New Jersey, it is imperative to understand that fines and time spent behind bars are not the end of the consequences you can face. An individual convicted of sexual assault in New Jersey will be required to register as a sex offender in accordance with Megan’s Law.
When a person is registered as a sex offender, their registration and information about their conviction can be viewed by friends, neighbors, potential employers, and more. Individuals on the sex offender registry are also required to notify law enforcement of their new address if they decide to move.
Long-Term Consequences After Release
- Mandatory registration as a sex offender
- Public access to offender information
- At least 15 years of parole supervision
- Continued housing and employment reporting requirements
- Severe restrictions on housing and employment
Why Sexual Assault Charges Have Lifelong Consequences
Sexual assault offenses in New Jersey are treated differently from other crimes, due not only to the sensitive nature of these offenses, but also because there is a perceived risk of reoffense. For example, unlike most other second-degree felonies, a sexual assault conviction will carry mandatory post-conviction requirements. As such, individuals who are convicted of these crimes will not only face significant criminal penalties, but also life-long consequences after release, like ongoing monitoring and registration requirements. While these measures are in place as a means of prioritizing public safety rather than punishment, they can be incredibly difficult to navigate.
How Sexual Assault Convictions Differ From Other Felony Offenses in NJ
- Post-release supervision is mandatory rather than on a case-by-case basis
- Registration requirements apply regardless of severity and sentencing
- Restrictions will continue after probation or parole ends
- Conviction information is publicly available and legally required
Contact an Experienced New Jersey Criminal Defense Attorney
At the Law Offices of Boyd & Squiteiri, we understand the impact that a sexual assault conviction can have on your life. That is why we will do everything in our power to help you fight for the best possible outcome for your unique situation. When you need legal representation, don’t hesitate to contact our team today.