What is commonly referred to as rape is actually known as Aggravated Sexual Assault under New Jersey’s Criminal Code. The types of situations that give rise to these charges may vary, but the potential penalties, if convicted, remain the same. Whether or not this was a “misunderstanding,” charges for Aggravated Sexual Assault can carry up to life in prison and fines beyond $200,000. Furthermore, even if you are adamant about your innocence, New Jersey’s Bail Reform Guidelines allow the Ocean County Prosecutor to keep you incarcerated until trial. You do not need an legal practitioner to tell you that these charges are serious. Nevertheless, if you or someone you love have been arrested and charged with Aggravated Sexual Assault, it is imperative that retain an experienced criminal defense attorney to represent you at trial.
NJ Aggravated Sexual Assault Law N.J.S.A. 2C:14-2
If you have been charged with Aggravated Assault under N.J.S.A. 2C:14-2, you may be wondering how this differs from “rape.” The short answer is that it doesn’t really differ much at all. Aggravated Sexual Assault can be charged for a variety of situations (forceful rape, statutory rape, etc.) and you must be aware of exactly how the State intends to prove their case at trial.In New Jersey, for a defendant to be convicted of aggravated sexual assault, the prosecutor must the following beyond a reasonable doubt:
Defendant engaged in an act of sexual penetration with the victim; and
The victim was less than thirteen (13) years old; or
The victim was at least thirteen (13) years old but less than sixteen (16) years old; and
Defendant was related to the victim by blood;
Defendant was a resource parent or guardian; or
Defendant had supervisory or disciplinary power over the victim;
Sexual penetration occurred during the commission of a robbery, kidnapping, homicide, aggravated assault, burglary, arson or criminal escape;
Defendant possessed a weapon and the victim believed it would be used;
The Defendant was aided by one or more persons and the Defendant used physical force or coercion to commit the act of sexual penetration; or
The Defendant knew or should have known the victim was physically helpless or incapacitated.
What are the Types of Sexual Penetration in Sexual Assault?
There are multiple types of sexual penetration punishable under N.J.S.A. 2C:14-2. They include the following:
“Vaginal Intercourse” – the penetration of the vagina;
“Cunnilingus” – oral contact with the female sex organ;
“Fellatio” – oral contact with the male sexual organ;
“Anal Intercourse” – penetration of any depth into the anus.
What is Physical Force?
Physical force is defined as the commission of the act of sexual penetration without the victim’s freely and affirmatively given permission to the specific act of penetration alleged to have occurred. Simply put, affirmatively given permission means the victim did or said something which would lead a reasonable person to believe that he or she was agreeing to engage in the act of sexual penetration, and freely given permission means the victim agreed of his or her own free will to engage in the act of sexual penetration. Freely and affirmatively given permission can be indicated either through words or through actions.
New Jersey Penalties for Aggravated Sexual Assault
Aggravated Sexual Assault is a first degree felony offense under New Jersey’s Criminal Code. Typically, this would mean that a defendant would face anywhere from ten (10) to twenty (20) years in State Prison, if found guilty. However, if the charges for Aggravated Sexual Assault involve a victim who is less than thirteen (13) years old, then a conviction will carry at least twenty-five (25) years and up to life in prison. This means that you would not be eligible for parole for the first twenty-five (25) years of your sentence. Notwithstanding all this, a defendant convicted or found guilty of Aggravated Sexual Assault will be subject to Megan’s Law Registration, Parole Supervision for Life and be subject to Nicole’s Law. To learn more about these charges and speak with an attorney, call (848) 238-2100.
Point Pleasant NJ Aggravated Sexual Assault Lawyer
Suffice to say, anyone who has been charged with Aggravated Sexual Assault is facing a mountain of problems and calamities, should they be convicted. If you or someone you love have been arrested and charged with aggravated sexual assault in Ocean County, call (848) 238-2100. Allow our criminal defense firm to sit down and review your case with you and your family. We can discuss what steps to take next and develop a strategy to defend your rights. Our firm has defendant countless clients charged with sex crimes in Ocean County and New Jersey alike. Call today begin the process of fighting back against these charges.
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