We are often asked what makes a sex assault aggravated under New Jersey law. A prerequisite to either offense is sexual assault is penetration of another without consent. The offense escalates from second degree sexual assault to a first degree crime, aggravated sexual assault, where one of the following applies:…
Typically, the range of imprisonment is 10-20 years for aggravated sex assault. However, New Jersey adopted enhanced penalties in the Lunsford Act that apply where the victim of sexual assault (i.e. child molestation) is under the age of thirteen (13). An individual faces a term of imprisonment of 25 years…
Yes, there are instances where a fully competent individual can be raped even though there was no force. Penetration is accomplished through coercion, there is no voluntary consent thereby giving rise to sex assault. In order for penetration to be procured through coercion, the defendant must have intended to coerce…
In New Jersey, minors, incapacitated individuals, and those suffering from certain mental illnesses cannot “consent”. This limitation applies where the victim is: Legally incompetent to authorize the conduct charged as the criminal offense; Intoxicated or under the influence of drugs to the extent that they are unable to freely consent;…
