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Many mistakenly believe incest isn’t a crime in New Jersey. However, depending on the age of the people involved, a sexual relationship with a family member is, in fact, a sex crime — and a serious one at that.
If you’re facing accusations of an unlawful relationship, you need the New Jersey incest defense lawyers at Aiello, Harris, Abate Law Group PC to provide a compassionate, strategic defense.
The crime of incest falls under the New Jersey sex crime laws related to sexual assault: N.J.S.A. 2C:14-1 (Aggravated Sexual Assault) and N.J.S.A. 2C:14-2 (Sexual Assault). In short, these statutes outlaw marrying or engaging in sexual acts with a blood relative or someone related within the third degree, such as an aunt, uncle, niece, or nephew.
One important distinction, which leads to the perception that New Jersey allows incest, is that the act is not illegal if both parties are over age 18 and consent to the relationship. However, the New Jersey legislature is considering a bill that would allow prosecutors to charge individuals with incest instead of or in addition to the current crimes of sexual assault and endangering the welfare of a child.
Case Study
A recent case in Somerset County, Somerville, New Jersey, venue in the Superior Court proved that point. A man was accused of sexual assault, violation of NJSA 2C: 14-2. The allegation was that while a woman was drunk, he took advantage of her and committed the act of sexual assault. He was in prison for five to 10 years, under Megan’s Law.
It’s against the law in New Jersey: N.J.S.A 37:1-1 to marry or enter into a civil union with a sibling, aunt or uncle, niece or nephew, or any of their ancestors or descendants. The rule applies whether the parties are related by whole or half blood. However, it’s possible for a criminal defense attorney to successfully argue that the marriage or union is legal if both parties are of age and consented to the marriage.
Depending on the victim’s age, incest under N.J.S.A. 2C:14-2, Aggravated Sexual Assault, is a first-degree crime that carries up to 20 years behind bars and $200,000 in fines, as well as mandatory sex offender registration. Those facing such allegations need knowledgeable New Jersey incest defense lawyers.
Aggravated sexual assault charges for incest are possible when the victim is between the ages of 13 and 16 and the perpetrator is a relative or parent. These crimes involve force or coercion that results in a physical injury.
Under N.J.S.A. 2C:14-2, sexual assault is a second-degree crime when the victim is under 13 and the accused is at least four years older or when the victim is 16-17 and a relative. It involves force or coercion but not necessarily injury. Penalties include imprisonment, fines, and sex offender registration.
Prosecutors also have the option to bring child endangerment charges against an individual suspected of incest. N.J.S.A. 2C:24-4, Endangering the Welfare of a Child, makes it a crime to cause harm or engage in conduct that causes harm to a child under the age of 16. This includes causing a child to engage in sexual activity and knowingly photographing or recording that activity.
Child endangerment can be a second- or third-degree crime, with penalties similar to sexual assault. You need experienced sex crime lawyers to fight these charges.
In addition to the standard penalties for incest in New Jersey, you could face further penalties. Our New Jersey incest defense lawyers work to secure a fair outcome.
Federal law (18 U.S.C. Statute 3509) outlines protections for child victims in sex crime trials, including appointment of guardians and closed-circuit testimony.
Felony defense lawyers often try to negotiate with the prosecution to reduce the charges and consequences. N.J.S.A. 2C:14-1 allows victims to consult with the prosecutor about potential plea deals.
In New Jersey, victims can file a sexual offense restraining order (SORO), a civil order that protects victims of sexual violence from their abusers. It prohibits the accused from contacting the victim in any way. Victims can get a SORO even before the state files charges.
Under New Jersey statute N.J.S.A. 2C: 7-1, anyone convicted of a sex offense, including incest, must register as a sex offender. Incest legal representation will work on a client’s behalf to ensure appropriate tier classification.
A sexual offense conviction in New Jersey could mean a mandatory HIV test. The state may also require that you submit a DNA sample to add to a central database.
If you’re facing prosecution for a sex-related crime, including incest, you need the experienced New Jersey incest defense lawyers of Aiello, Harris, Abate Law Group PC on your side. We can help you craft an effective defense strategy and provide zealous representation in court.
Call us today at (908) 873-3571 or contact us. Your initial consultation will take place over the phone, and you can schedule an appointment at one of our office locations throughout New Jersey.
The Aiello Harris Abate Law Group is made of a group of professionals that are here to help you through all challenges.
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