What Is Considered Sexual Assault in New Jersey?

It can sometimes be difficult to definitively comprehend New Jersey statutes, especially for criminal acts. This often leaves many questions unanswered, like, “What is considered sexual assault in New Jersey?” It is an important question—one that a New Jersey sex crime lawyer frequently addresses—but the answer is anything but straightforward.

What Is Considered Sexual Assault in New Jersey?

The technical definition of sexual assault in New Jersey is found within several statutes of state law. It doesn’t help matters that these laws are updated faster than they can be enforced. Nonetheless, we have gathered a list of items that define sexual assault, according to New Jersey sexual assault laws. These are listed below, and some of these factors can increase charges, penalties, and/or the severity of a conviction:

• Sexual assault is an occurrence of sexual penetration between one person and another person against one person’s will.
• Sexual assault may involve the penetration of someone under the age of 13.
• Sexual assault may involve the penetration of someone between 13 and 16 years old when the abuser is related by blood or someone in a guardian or parental role, or when the abuser was at least four years older than the victim.
• Sexual assault occurs when sexual penetration occurs under the threat of a weapon or with the presence of a weapon.
• Sexual assault is the sexual penetration of a person who has developmental, mental, or physical disabilities.
• Sexual assault is the sexual penetration of someone who is unconscious or incapacitated.

Further description of sexual assault explains that anyone can be a victim of sexual assault regardless of their age, gender, sexual orientation, or appearance. In fact, research shows that one in five women and one in 71 men report being raped at some time in their lives. Of those men, 28% report that the sexual assault occurred before they were 10 years old.

Proof of Sexual Assault

There are four elements of unaggravated sexual assault that must be proven to convict an individual of this charge. First, the defendant must have committed sexual penetration with another person. Second, the defendant must have done so knowingly. Third, the defendant must have performed the act by means of coercion or physical force. Finally, the victim must not have sustained any severe physical injury.

Sexual Assault Defense

To prove that the defendant acted intentionally is sometimes a weak spot for the prosecution. This is because knowledge cannot be seen, and acting intentionally is embedded within a state of mind. While there is rarely direct proof of this, it must be inferred from other contextual details of the event.

Proving that the defendant acted with physical force is often a questionable point in sexual assault cases. When someone commits sexual assault against another person using physical force, they are doing so without the affirmative permission of the victim. In some cases, it may be arguable that affirmative permission was given by the victim because of some reasonable act or statement that led the defendant to believe it was consensual.

Because permission to engage in intercourse is expressible through other means besides vocal announcement, it often presents a potential lack of evidence in favor of the defense. In some cases, it can be easily proven that the defendant genuinely believed they had the consent of the victim. However, the law places no burden on the victim to state their denial of permission or non-consent.

Penalties for Sexual Assault

Sexual assault in which the victim does not incur a personal injury is a second-degree offense. A conviction of sexual assault carries a fine of up to $150,000 and between five and 10 years in prison. Aggravated sexual assault, which is constituted by injury to the victim, carries a prison term from between 25 years and life, and the offender receives no opportunity for parole for the first 25 years of that sentence.

FAQs

What Is the Definition of Sexual Assault in New Jersey?

New Jersey’s definition of sexual assault is broad. There are many instances in which sexual assault can potentially occur. In all instances, however, there is an act of sexual penetration by an offender against a victim, and the act is carried out without the consent of the victim or without the knowledge of the victim. New Jersey state law defines it as nonconsensual sexual penetration using coercion or force, or in the case that the victim was incapacitated.

What Legally Qualifies as Aggravated Sexual Assault?

In New Jersey, aggravated sexual assault is defined by the same characteristics as unaggravated sexual assault, but with one difference. The defining component of aggravated sexual assault is that the victim sustained severe physical injury. When sexual assault is aggravated, the charge is graduated to a first-degree offense. An aggravated sexual assault conviction carries a sentence of imprisonment between 25 years and life, without eligibility for parole for the first 25 years of the sentence.

What Evidence Do You Need for SA?

Necessary evidence for SA in New Jersey would be evidence that proves sexual assault occurred under state law. Commonly submitted pieces of evidence in sexual assault cases include testimony from the victim and medical evidence, such as DNA from a hospital exam or medical records, proving the victim’s injury. Other types of evidence may come in the form of records of electronic communication, like text and call history records, social media posts or messages, emails, or voicemails.

How Long Do You Have to Report Sexual Assault in NJ?

NJ did away with the statute of limitations for most sexual assaults and sexual offenses in 1996. This means that no matter how long ago a sexual assault occurred, the victim can report the event at any time. Consequently, criminal charges may be filed subsequent to a victim’s report of sexual assault. If sexual assault occurred within five years before 1996, victims may also report these crimes at any time, and the offender can be criminally charged thereafter.

Hire a Sexual Assault Lawyer Who Will Tirelessly Defend You

Many criminal defense lawyers in New Jersey do not take their duty to defend their clients seriously. When you hire a sexual assault lawyer from Michael Rosas Law PC, you can ensure you are hiring a sexual assault attorney who will tirelessly protect your rights and defend your case. Everyone has a right to legal representation, but not everyone has the opportunity to be represented by a law firm with as high standards as ours. Contact our office to discuss your case.