New Jersey Date Rape Lawyers

What Is Date Rape in New Jersey?

New Jersey sex crime law doesn’t define “date rape” as a specific crime. Instead, such cases fall under various levels of sexual assault, depending on factors like the victim’s age, relationship to the accused, and circumstances, including the use of a weapon or concurrent criminal activity.

The term “date rape” refers to a sexual encounter in which the perpetrator uses fear or force to have non-consensual intercourse with the victim. Consent laws in NJ also include sex with anyone under age 16 to be statutory rape, regardless of whether the victim willingly participated or not.

Depending on the circumstances, date rape charges in New Jersey can include the following:

• Aggravated Sexual Assault (N.J.S.A. 2C:14-2): Involves sexual penetration using coercion or force with a weapon, during another crime, or against minors under 13 or impaired individuals.
• Sexual Assault (Second Degree): Applies when the victim is underage and the accused is at least four years older or in a position of authority. A 16- or 17-year-old can file rape charges against a parent or guardian or someone in a position of authority, like an employer. This charge also applies when the victim is coerced into sex but does not suffer physical injury or if the perpetrator is in a position of authority.
• Aggravated Criminal Sexual Contact (N.J.S.A. 2C:14-3): Involves sexual contact with minors or those unable to consent, often involving force, injury, or weapons.
• Criminal Sexual Contact: A non-penetrative, coercive act involving inappropriate touching of intimate areas.
• Drug-Facilitated Sexual Assault: Using drugs like Rohypnol to incapacitate victims invalidates consent under NJ law; consent is invalid when someone is intoxicated from drugs or alcohol, regardless of whether they knowingly consumed the substances.

Any of these charges is a serious matter that requires help from New Jersey date rape lawyers with experience.

Related Charges for Date Rape Drugs

Getting caught with date rape drugs, also called “roofies,” is a crime in New Jersey and can lead to additional drug charges. According to N.J.S.A. 2C:35-10.2, if you have a controlled, dangerous substance, you’re guilty of a third-degree crime and face prison time and fines. Depending on the amount of the drug you have, you might face first- or second-degree manufacturing and distribution charges, which carry a longer prison sentence.