South Orange Sexual Assault Charges?
NJ Sexual Assault Law: How Can Someone Be Charged With This Offense?
In accordance with N.J.S.A. 2C:14-2(a), the charge known as sexual assault can occur in several ways, including the following:
1. Sexual Contact With A Child Under Thirteen (13) & You Are At Least Four (4) Years Older
The first way an individual may violate the sexual assault law, is by having any SEXUAL CONTACT with a child under thirteen (13) years of age. Note that the threshold here is no penetration but rather anything that could constitute sexual contact. However, an individual may only be convicted on this basis if he or she is at least four (4) years older than the victim. “Sexual contact” is the intentional touching of the victim’s sexual organs, inner thighs, groin, buttocks or breasts, for the purpose of sexual arousal/gratification or to degrade/humiliate the victim. When the conduct falls short but nevertheless of a sexual nature, the charge of endangering the welfare of a child may apply. The defense of consent does not apply to this category of sexual assault.
2. Sexual Penetration Using Force or Coercion
The second variety of sexual assault involves the use of force or coercion to make sexual penetration. This is what would be viewed as the classic rape charge. The requirement of force or coercion needed for this section to apply includes threats of any kind that unreasonably prompt an individual to engage in sexual penetration or oral sex without consent. If the force results in serious personal injury, than the offense is elevated to an aggravated sexual assault.
3. Sexual Penetration With A Minor Who Was At Least Sixteen (16) Years Old And To Whom You Were Related By Blood, Had Capacity to Supervise/Discipline or Were Guardian
Another pedigree of sexual assault occurs when an adult has oral sex or sexual penetration with a minor with whom the accused is related by blood, supervised or disciplined the victim, or was guardian. Consent is not a defense when this provision applies. If the same circumstances exist and the minor is under sixteen (16) than it is an aggravated sexual assault.
4. Sexual Penetration With Someone Under Sixteen (16) But At Least Thirteen (13) And You Are At Least Four (4) Years Older
The last category of sexual assault is triggered where the accused is at least four (4) years older than the victim and the victim is at least thirteen (13) but less than sixteen (16) years old. As with other varieties of this offense where age is a determining factor, consent does not apply.
5. Sexual Penetration With Someone With Whom You Had Supervisory or Disciplinary Power In A Prison, Hospital, Or Through Probation or Parole
If some is convicted of sexual assault, they face the penalties for a second degree crime. These penalties include up to ten (10) years in prison and a $150,000 fine. In addition, both Megan’s Law and the No Early Release Act apply to convictions for sexual assault/rape. What this means is anyone sentenced for sexual assault becomes a registered sex offender and is subject to community supervision for life. They are also required to serve at least eighty-five (85) percent of any jail sentence imposed before they may be considered for parole.
Difference Between Sexual Assault and Aggravated Sexual Assault. There many differences between these offenses but the primary ones concern the severity of the violation, as well as the circumstances under which a violation may occur. In this regard, sexual assault is a second degree crime as opposed to a first degree crime. In addition, an individual may be convicted of sexual assault without sexual penetration, something that is a requirement in all cases for aggravated sexual assault.
Statute of Limitation
There is no limitation period that cuts off the state’s ability to file charges for sexual assault.
Sexual Assault Defense Attorney in Montclair NJ
If you were indicted for sexual assault or were recently charged with this offense, you absolutely need skilled representation. Call our Essex County Defense Firm today for the assistance you deserve. We can be reached 24/7 at 973-710-1520.