New Jersey Sexual Assault Lawyers
The New Jersey Statutes define sexual assault as “committing an act of sexual penetration with another person” under certain forceful circumstances. Aggravated sexual assault is a crime in the first degree, while sexual assault is a crime in the second degree. If you believe you’ve been a victim of sexual assault or aggravated sexual assault, fill out this form for a free case evaluation.
Aggravated Sexual Assault
A court can find a defendant guilty of aggravated sexual assault if the victim was:
- Under 13 years of age
- At least 13 but under 16, and the victim is a blood relative, the defendant has disciplinary or supervisory power over the victim in the victim’s job or legal status, or the defendant is a parent, guardian, or an adult living in the same house
- The defendant commits sexual assault while committing another crime, including criminal escape, kidnapping, aggravated assault, arson, robbery, burglary, or homicide
- The defendant is armed or the victim believes an object being held by the victim is a weapon
- The defendant uses coercion or physical force and is helped by one or more people
- The victim suffers from severe personal injury when the defendant uses coercion or physical force
- The defendant knows that the victim is physically helpless or doesn’t have the mental capacity to consent
Someone accused of aggravated sexual assault in New Jersey faces 25 years to life in prison, with parole eligibility beginning after 25 years.
A defendant may be charged with sexual assault if:
- The victim is under 13 and at least four years younger than that person
- The defendant sexually penetrates another person under any of these circumstances:
- The defendant uses coercion or physical force and the victim is not severely injured
- The victim is in the hospital, prison, or on parole or probation and the defendant has disciplinary or supervisory power over the victim
Additionally, if the victim is at least 16 but less than 18, and the defendant is related to the victim, the former can be charged with sexual assault. The same goes if the perpetrator has disciplinary or supervisory power over the victim in any capacity or is a parent, guardian, or lives in the same house as the victim.
Finally, if the victim is at least 18 but less than 22 and still in high school, the defendant can face sexual assault charges. The same goes if the victim is a teacher, school bus driver, or some other school employee.
Those facing charges of sexual assault in the second degree can spend a minimum of 15 years in prison and aren’t eligible for parole.
Contact a Sexual Assault Lawyer
If you’re a victim of sexual assault in New Jersey, contact Morgan & Morgan immediately. All law firms are not the same — having the right one on your side can make all the difference. With more than 700 attorneys nationwide and billions of dollars recovered, we have the resources and reach necessary to provide you the best service possible. If we take your case, you’ll get a full team of lawyers and legal staff, as well as 24/7 open communication with us via our mobile app. And we never charge by the hour – you pay us only if we win.
Sexual assault is devastating and often leaves victims traumatized. Holding assailants accountable is crucial. The sexual assault attorneys at Morgan & Morgan are passionate about fighting for the rights of victims and obtaining the compensation and justice they deserve. Don’t go through this alone. Discover what we can do for you by filling out this form for a free case evaluation.