New Jersey Sexual Assault Lawyers

Common Forms of Rape In New Jersey

The most common form of rape involves the use of force and acts of violence to overcome the victim, however, it is not always necessary for a charge and conviction of rape.

Sexual Assault Without Violence

There are several conditions under which rape can be committed without the use of violence or force, including but not limited to:

• Circumstances in which the alleged rapist intoxicates its victim, making him or her incapable of resistance.
• Accusations in which the alleged perpetrator forces consent by using their authority as a public official or posing as one and threatening legal consequences.
• Any disability or disorder that the alleged perpetrator knows would prevent the victim from legally consenting to sexual intercourse.

It must be noted that for rape statutes, sexual intercourse is established as soon as there is the slightest penetration.

Sexual Assault That Involves Force

New Jersey defines sexual assault involving force or coercion as aggravated sexual assault or sexual assault, depending on the circumstances.

Aggravated sexual assault (a first-degree crime that carries mandatory jail time and fines) occurs when an actor commits an act of penetration using physical force or coercion and also:

• Causes severe injury to the victim
• Uses or threatens to use a weapon
• Engages in the act while committing another crime (such as robbery or kidnapping)
• Commits the act against a child under 13 years old
• Commits the act against a victim who is physically or mentally incapacitated

Offenses that do not meet the criteria for aggravated sexual assault but still involve force or coercion are sexual assault, a second-degree crime. Second-degree crimes carry less severe penalties than first-degree offenses but still result in significant legal consequences, including the likelihood of imprisonment and sex offender registration. New Jersey rape lawyers can help you make sense of the criminal charges and mount an effective legal defense.

Statutory Rape

N.J.S.A. 2C:14-2 defines statutory rape in New Jersey as sexual activity between an adult and a minor who cannot legally give consent due to their age; the New Jersey age of consent is 16 years old.

However, sexual activity with a minor under 13 is always aggravated sexual assault, regardless of whether the victim gave consent. In cases where the victim is between the ages of 13 and 16 years and the perpetrator is at least four years older, the perpetrator will face sexual assault charges and need a criminal defense lawyer.

Date Rape

Date rape in New Jersey occurs when a perpetrator (typically someone the victim knows) engages in non-consensual sexual activity. This may involve coercion, threats, or the use of drugs and alcohol to impair the victim’s ability to resist or consent. New Jersey sexual assault laws apply to date rape cases, and conviction has severe consequences.