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Although, legally, rape is non-consensual sexual intercourse involving force or fear, New Jersey sex crime law removes the element of consent under specific circumstances. Sexual activity with a minor — regardless of their consent — can result in serious sexual assault charges, commonly referred to as statutory rape.
If you face these charges, you need New Jersey statutory rape lawyers on your side to develop an effective criminal defense strategy. Aiello, Harris, Abate Law Group PC has the experience to create a strong defense and guide you through the legal process.
When a person engages in sexual intercourse with a minor (an individual under the age of 16 in New Jersey), then they commit statutory rape. Statutory rape is a strict liability offense; the law ignores both consent and whether the accused knew the victim’s age. It is a strict liability offense, as it doesn’t matter if the minor consented to sexual intercourse or that the alleged rapist was unaware that the victim was below the age of consent — the state still prosecutes the action as rape.
Although consent laws in New Jersey set the age of consent at 16, the minimum age for consent goes up to 18 if the accused holds a position of power over the victim — for example, if they are an employer, teacher, or coach.
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.
New Jersey does not have a specific statutory rape charge but prosecutes these offenses under sexual assault or criminal sexual contact laws. The exact charge depends on the ages of those involved, their relationship, and whether the incident involved contact or penetration. New Jersey statutory rape lawyers can help you make sense of the charge.
New Jersey’s Romeo and Juliet law protects teenagers who engage in consensual sex with partners close in age, even if one is technically underage. However, marriage is not a defense, as both parties must be 18 to marry in New Jersey.
Aggravated sexual assault applies when the victim is under 13 or when the accused is a relative or authority figure under NJSA 2C:14-2.
Sexual assault includes criminal sexual contact with someone under 13 or penetration with someone aged 13 to 15 when the accused is at least four years older.
Anyone with a duty of care who engages in or enables sexual conduct with a minor, especially if it debauches the child’s morals or involves recording the act, may face first- or second-degree charges for endangering the welfare of a child.
New Jersey does not prohibit consensual sexual activity between close relatives who are over 18 but does consider incest a crime when it involves individuals under age 16. It is possible to face charges for statutory rape and endangering the welfare of a child.
Statutory rape can be either a first- or second-degree crime, and the New Jersey statutory rape penalties include the possibility of jail time, fines, and mandatory sex offender registration, even for juvenile charges. Depending on the age gap and the accused’s relationship with the minor, the punishment can range from 1 to 20 years in prison.
New Jersey statutory rape lawyers will review evidence to determine a defense strategy unique to the specific circumstances of the case. For example, an investigation may be able to prove that the alleged incident didn’t take place.
However, New Jersey prohibits a sex crime attorney from using the defense that their client didn’t know that the victim was underage or that the victim claimed to be of legal age.
Statutory rape charges are serious, and you need aggressive and experienced criminal defense attorneys on your side to answer them and protect yourself and your future. Aiello, Harris, Abate Law Group PC has an in-depth understanding of New Jersey’s laws and judicial system that can help you mount a solid defense.
We’ll review the facts of your case and help you with a strategy to protect your rights.
The Romeo and Juliet law means that teenagers who are close in age (e.g., 15 and 16) are exempt from criminal charges for consensual sexual activity, even if one is below the age of consent.
New Jersey’s legal age of consent for sexual activity is 16.
Federal law sets the age at 18 to protect teens from exploitation by adults. New Jersey statutory rape lawyers can help you determine the age of the accuser at the time of the incident.
Call us today at (908) 873-3571 or use our contact form. Your initial consultation will be conducted over the phone, and you can schedule an appointment at one of our office locations throughout New Jersey.
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