New Jersey Criminal Sexual Assault Lawyers

N.J.S.A 2C:14-2

The New Jersey statutes specific to the crime of sexual assault (N.J.S.A. § 2C:14-2) encompass a broad range of sexual assault crimes and the various specific circumstances and protocols for sexual assault cases that impact the overall charges and penalties.  In all cases, the crime of rape is a felony.

A charge of sexual assault can be escalated to that of agresión sexual agravada if the following has occurred:

• • The victim was a child younger than 13.

• • The victim was under the age of 15, and the alleged attacker was in a position of power, such as a teacher, family member, coach, religious figure, etc.

• • The rape was committed at the same time as some other delito grave including a robbery or secuestro.

• • The offender possessed a deadly weapon.

• • The offender was aided by one or more other people.

• • The victim incurred severe personal injuries due to the violent nature of the attack.

• • The perpetrator knew or should have known that the victim was physically helpless, mentally incapacitated, or had a mental disease or defect that rendered the victim temporarily or permanently incapable of understanding the nature of his conduct, including, but not limited to, being incapable of providing consent.

Criminal Sexual Assault Penalties

Penalties for a rape conviction are based upon the circumstances discussed above. Sexual assault without any aggravating factors is a second degree crime, and incurs a fine of up to $150,000, up to ten years in prison, or both. Penalties for aggravated sexual assault include a fine of up to $200,000, up to 20 years in prison, or both.