Crimes involving sexual violence are among the most heavily-punished offenses under New Jersey law. In addition to enormous fines and long-term imprisonment, individuals convicted of sexual violence can also face mandatory sex offender registration under Megan’s Law (which may be made public), parole supervision for life, and loss of parental rights through the New Jersey Division of Child Protection and Permanency (DCPP).
At The Gorman Law Firm, we provide strategic and vigorous legal representation for individuals charged with sex crimes throughout New Jersey. If you have been charged with any form of sexual violence, your future is on the line, and your only option is to take your case extremely seriously. We have particular experience in cases involving domestic violence, and attorney Scott Gorman has well over a decade of experience helping clients avoid unjust punishment in the New Jersey criminal courts.
Sexual Violence, Sexual Assault, Rape and Other Sex-Related Offenses
In New Jersey, rape and other forms of sexual violence are prosecuted under Section 2C:14-2 of the Code of Criminal Justice, which establishes the crimes of “sexual assault” and “aggravated sexual assault.” Sex offenders are also subject to New Jersey’s Parole Supervision for Life statute and Megan’s Law, which impose additional penalties for individuals convicted under Section 2C:14-2. When the offense is an act of domestic violence, sexual assault can also result in the imposition of a permanent restraining order.
Under Section 2C:14-2, a person can be charged with second-degree sexual assault under two scenarios: (i) if he or she, “commits an act of sexual contact with a victim who is less than 13 years old and the actor is at least four years older than the victim;” or, (ii) if he or she, “commits an act of sexual penetration with another person,” under any of the prohibited circumstances listed in the statute. These circumstances include (but are not limited to):
- Using physical force or coercion without causing severe injury;
- Acts involving minors between the ages of 16 and 18; and,
- Acts involving minors between the ages of 13 and 16 where the defendant is at least four years older than the victim.
As a second-degree indictable offense, sexual assault is punishable by five to 10 years of incarceration and up to a $150,000 fine.
Aggravated Sexual Assault
Aggravated sexual assault is a first-degree indictable offense in New Jersey. Individuals convicted of aggravated sexual assault can face prison terms of 25 years to life, with a mandatory sentence of 25 years before becoming eligible for parole. Section 2C:14-2 defines aggravated sexual assault as an act of sexual penetration involving:
- A victim who is less than 13 years old;
- A victim who is between the ages of 13 and 16 and who has a designated relationship with the defendant;
- Commission or attempted commission of robbery, kidnapping, homicide, aggravated assault, burglary, arson or criminal escape;
- Threatened use of a weapon or an object that appears to be a weapon;
- Aiding or abetting by another person along with use of physical force or coercion;
- Use of physical force or coercion resulting in severe personal injury to the victim; or,
- A victim whom the defendant knew, “was physically helpless or incapacitated, intellectually or mentally incapacitated, or had a mental disease or defect.”
Schedule a Free Consultation With Defense Lawyer Scott Gorman
If you have been charged with sexual assault, aggravated sexual assault or any other sex-related criminal offense in New Jersey, you need experienced legal representation. To discuss your case with defense lawyer Scott Gorman, please call (201) 489-9199 or submit your information online now.