Understanding Sexual Assault Charges in New Jersey

In New Jersey, sexual assault is a felony with varying consequences and fines depending on the nature of the offense. If you’ve been charged with sexual assault in New Jersey, it’s important to understand the situation you’re facing and what you can do to prepare. It’s also wise to consult a criminal defense attorney in NJ who can give you the right legal advice for your situation. The Law Office of Zapicchi & Liller, LLP is here to help you understand what to do if you’re up against NJ’s sexual assault laws.

What Constitutes Sexual Assault?

Sexual assault is a broad term, and while all situations carrying this distinction are serious, there are varying circumstances that fall under the umbrella. The law defines sexual assault as “penetration, no matter how slight, in which physical force or coercion is used or in which the victim is physically or mentally incapacitated.” This definition clarifies the situation, but there are many more sexual assault laws you should be aware of.

NJ’s Sexual Assault Laws

Sexual assault in New Jersey is divided into the following categories:

  • First Degree Aggravated Sexual Assault
  • Second Degree Sexual Assault
  • Third Degree Aggravated Criminal Sexual Contact
  • Fourth Degree Criminal Sexual Contact
  • Statutory Rape

First Degree Aggravated Sexual Assault

First-degree aggravated sexual assault carries the highest penalties. This includes the act of sexual penetration or any other kind of sexual contact with victims under 13 years of age, victims between 13 and 16 in a familial or supervisory relationship, and other situations:

  • Assault occurred during another crime.
  • Defendant used a weapon to gain a sexual advantage.
  • Defendant used physical force to gain an advantage.
  • Defendant should have known the victim was unable to consent.

Second Degree Sexual Assault

Sexual penetration that does not qualify for first-degree aggravated assault counts toward second-degree sexual assault. This includes victims younger than 13 when the defendant is older than 17, victims under the direct supervision of the defendant, and victims between 13 and 16 years old influenced by a defendant four or more years older.

Third Degree Aggravated Criminal Sexual Contact

Third-degree contact applies when the defendant initiated contact with intimate parts of the victim for purposes of humiliation, degradation, arousal, or gratification. This involves defendants who are older than, related to, or in some form of disciplinary control over the victim.

Fourth Degree Criminal Sexual Contact

Fourth-degree criminal sexual contact applies when defendants intentionally initiate contact with themselves or victims for the purpose of sexual arousal or humiliation.

Is There a Difference Between Rape & Sexual Assault?

Depending on the state, rape and sexual assault are sometimes listed as separate charges. Some states distinguish the two by age, the severity of the offense, or the type of act committed. In New Jersey, rape is considered sexual assault and falls under the definition of that charge, with statutory rape charges usually falling under the “endangering the welfare of children” distinction.

Punishments for Sexual Assault Convictions in New Jersey

Punishments for sexual assault in New Jersey vary by offense and typically involve jail time. In addition, serious crimes in the state fall under the No Early Release Act, which requires defendants to serve at least 85% of their prison sentence before becoming eligible for parole.

  • 1st Degree Aggravated Sexual Assault – Up to 20 years in prison
  • 2nd Degree Sexual Assault – 5–10 years in prison
  • 3rd Degree Aggravated Criminal Sexual Contact – 3–5 years in prison
  • 4th Degree Criminal Sexual Contact – Up to 18 months in prison
  • 2nd Degree Endangering Welfare of a Child – 5–10 years in prison
  • 3rd Degree Endangering Welfare of a Child – 3–5 years in prison
  • 4th Degree Criminal Sexual Conduct – Up to 18 months in prison

Facing Sexual Assault Charges in New Jersey?

You should never take a sexual assault allegation lightly. If you’re facing accusations of sexual assault in New Jersey, it’s important to get in touch with a law firm that understands the process for sex crimes and NJ’s sexual assault laws. The Law Office of Zapicchi & Liller, LLP can help educate you on your next steps. If you’ve recently searched for a DUI attorney near me, or need help fighting charges in another matter, reach out to our attorneys as soon as possible.