New Jersey Rape Charges

Former Prosecutors With Decades of Trial Experience Defending Rape Throughout New Jersey

You need a talented NJ criminal lawyer if you have been accused or charged with rape. The term “rape” is used to describe sexual penetration by force, coercion, incapacity of the victim or another circumstance where consent is lacking. There are several NJ sex offenses that are commonly associated with rape, namely, sexual assault and aggravated sexual assault. If you were charged with either of these violations or even criminal sexual contact, luring or endangering the welfare of a child, you are facing extreme penalties that include years in prison, thousands in fines and mandatory registration under Megan’s Law. Hiring a lawyer who is skilled in defending New Jersey rape charges is the biggest tool you possess in avoiding these potential consequences.

Allegations that you raped someone require representation by an accomplished New Jersey criminal defense attorney like those at the Law Offices of Jonathan F. Marshall. The reason is not only because you want to minimize penalties but also because sex crimes are probably the category of criminal offense that go to trial most frequently. You will need a talented trial lawyer if you want to secure an acquittal. That is exactly what we can offer you, including:

  • A team of 12 lawyers that dedicate their practices exclusively to defense
  • Over 200 years of combined experience representing clients accused or arrested for sexual assault
  • Former county prosecutors that served as Director of Major Crimes, the Drug Task Force, Juvenile Division and even an entire Trial Division
  • Certified criminal trial attorneys on staff
  • A rich history of success in obtaining acquittals and other favorable outcomes in rape cases

To obtain a free consultation from one of our talented attorneys immediately, contact us at 877-450-8301. An attorney is available around the clock to discuss an initial appearance, detention hearing or any other aspect of the rape charge you or your loved one is facing.

Rape Offense in New Jersey

As previously stated, the offense known as rape contemplates a lack of consent to sexual intercourse/penetration. It can arise under any number of scenarios, including:

  • Marital Rape
  • Date Rape
  • Incapacity Because of a Mental Disease or Defect

  • Statutory Rape
  • Sex With a Minor (i.e. Child Molestation)
  • Incapacitated from Drugs or Alcohol

The headings that follow outline some of the more common questions presented by individuals charged with rape.

How is Consent Defined?

The term “consent” is defined in Merriam-Webster dictionary as to give assent or approval, agree or to provide approval for what is being proposed by another. Consent in the context of sexual intercourse therefore means approval or agreement to engage in some form of sexual penetration. A more detailed discussion of this subject can be found on our defense of consent page.

When Is Consent Lacking?

Consent obviously does not exist where an actor objects to conduct. It also never exists under N.J.S.A. 2C:14-2 (“Sexual assault”) where:

  1. The victim is less than 13 years old;
  2. The victim is at least 13 but less than 16 and is either related to the defendant, is being supervised by the defendant by virtue of some legal, professional or occupational relationship (e.g. teacher, coach, etc.), or the defendant is serving as their guardian;
  3. The sexual conduct occurs while the defendant is committing a robbery, kidnapping, homicide, aggravated assault, burglary, arson or criminal escape;
  4. The defendant is armed with a weapon or an item that appears to be a weapon;
  5. The defendant uses physical force or coercion; or
  6. The victim is physically helpless or incapacitated, intellectually or mentally incapacitated, or has a mental disease or defect which renders them temporarily or permanently incapable of understanding the nature of the conduct.

What Are The Penalties for Rape in New Jersey?

As previously stated, there isn’t an actual offense in the criminal code known as rape. The NJ charges that are identified with this term are sexual assault and aggravated sexual assault. Sexual assault is a second degree crime that results in 5-10 years in prison and a fine of up to $150,000. Aggravated sexual assault is a first degree crime that results in 10-20 years in prison and a fine of up to 10-20 years. Someone convicted of either offense is also subject to sex offender registration under Megan’s Law and Parole Supervision for Life.

How Does Sexual Molestation Relate To Rape Under NJ Law?

The term sexual molestation is classically associated with abuse of a child. In New Jersey, this can result from sexual assault, aggravated sexual assault or endangering the welfare of a child. The first two forms were previously discussed whereas an endangering offense arises out of N.J.S.A. 2C:24-4. This is a child abuse statute that makes it a second degree crime for someone having a legal duty for a child’s care to engage in “sexual conduct which would impair or debauch the morals of the child”.  A violation of this law can occur as the result of improper touching or any number of other ways.

A Talented Criminal Lawyer Is Ready To Discuss Your Rape Charge Immediately

An accusation that you raped a date, girlfriend or anyone else can be devastating. It is therefore imperative that you remain silent and contact an accomplished New Jersey sex crime lawyer if you are under investigation for raping someone.  Our firm, the Law Offices of Jonathan F. Marshall, features a team of highly experienced rape defense attorneys who have tried many cases of this nature. To speak to an attorney with the know-how to help you escape a rape charge, call our office at 877-450-8301 now.

Helpful Resources To Further Assist You

New Jersey Department of Child & Families Rape Care Programs

State Police Sexual Violence Information Page