New Jersey Aggravated Sexual Assault Law
We represent clients charged with N.J.S.A. 2C:14-2; New Jersey Aggravated Sexual Assault complaints and indictments filed in Middlesex County, Monmouth County, Mercer County, Somerset County, Essex County, Union County, and Hudson County.
New Jersey Aggravated sexual assault is the most serious of the sexual offenses as it is a crime of the first degree.
The sex of the defendant and the victim is irrelevant.
There is no statute of limitations for an aggravated sexual assault because of the public interest in being able to prosecute sexual offenses committed upon children.
There are six different types of aggravated sexual assault.
In order to obtain a conviction for any of the aggravated sexual assault offenses, the state must prove "sexual penetration."
Sexual penetration is defined broadly and includes an insertion into the anus.
However, New Jersey Aggravated Sexual Assault law requires proof that the defendant had a purpose to sexually arouse, degrade or humiliate the victim or to gratify the defendant.
In the first category of aggravated sexual assault, the state must prove that the victim of sexual penetration was at least thirteen years old but less than sixteen years old.
In addition, the state must prove that defendant either knew that he had a familial relationship with the victim, defendant had a supervisory or disciplinary power over the victim or defendant was a parent or guardian of the victim.
In the second type of aggravated sexual assault the state must prove that sexual penetration was committed during a robbery, kidnapping, homicide, aggravated assault, burglary, arson or criminal escape.
Consent can be a defense between a person held for ransom and the kidnapper while they await the ransom to be paid.
The third type of aggravated sexual assault requires proof that the defendant was armed while committing the sexual penetration and that defendant threatened by word or gesture to use the weapon to achieve the sexual advantage.
For the fourth type of aggravated sexual assault in which sexual penetration is committed and the defendant is aided or assisted by one or more other persons, the state must prove that the defendant used physical force or coercion.
Persuasion is not coercion.
In the Fifth type of aggravated sexual assault the state must prove additionally that the defendant used physical force or coercion and that the victim suffered severe personal injury.
For the sixth type of aggravated sexual assault in which sexual penetration is committed, the state must prove that the victim was physically helpless - unconscious or unable to flee or communicate unwillingness to act - mentally defective or mentally incapacitated and the defendant knew or should have known of the condition.
Being in a state of sleep may be physically helpless.
This includes conditions through administration of a narcotic, anesthesia or intoxicant without the victim's knowledge or consent.
Did You Know
Charges of sexual assault and endangering the welfare of a child will merge if the defendant is not a parent and no legal duty is proved to have been owed by the defendant to the victim.
Under New Jersey aggravated sexual assault law a defendant who forcibly commits acts of vaginal intercourse and cunnilingus while threatening the victim with a knife in a single criminal episode may be convicted of two counts of aggravated sexual assault because each of the crimes required proof of facts not required by the other.
If you have any questions for a NJ criminal defense lawyer about a New Jersey aggravated sexual assault charge, please do not hesitate to contact us.