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Sexual Assault Charges
New Brunswick NJ Sexual Assault Defense Lawyer
There are many individuals that face sexual assault charges at the Middlesex County Superior Court in New Brunswick every year. The evidence in most of these cases is limited to a victim’s accusation that there was non-consensual sexual contact through force, coercion, intoxication or drug impairment. If you are have been charged with sexually assaulting someone in Woodbridge, Sayreville, New Brunwick, Piscataway or another municipality in this county, our attorneys are highly qualified to defend you. A defense lawyer at The Law Offices of Jonathan F. Marshall has the experience you can count on to insure that you are effectively represented. We are former prosecutors, including a former supervisor in the Middlesex County Prosecutor’s Office, who possess over a century of experience representing the accused at the New Brunswick courthouse. An attorney with the knowledge you require is available to speak to you immediately by contacting our New Brunswick office at 732-246-7126 for a free consultation.
Sexual Assault Charge in Middlesex County
N.J.S.A. 2C:14-2 sets forth those circumstances in which an individual may be convicted of sexual assault. This law provides, in pertinent part, that:
b. An actor is guilty of sexual assault if he 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.
c. An actor is guilty of sexual assault if he commits an act of sexual penetration with another person under any one of the following circumstances:
(1) The actor uses physical force or coercion, but the victim does not sustain severe personal injury;
(2) The victim is on probation or parole, or is detained in a hospital, prison or other institution and the actor has supervisory or disciplinary power over the victim by virtue of the actor’s legal, professional or occupational status;
(3) The victim is at least 16 but less than 18 years old and:
(a) The actor is related to the victim by blood or affinity to the third degree; or
(b) The actor has supervisory or disciplinary power of any nature or in any capacity over the victim; or
(c) The actor is a resource family parent, a guardian, or stands in loco parentis within the household;
(4) The victim is at least 13 but less than 16 years old and the actor is at least four years older than the victim.
Important Definitions. The term “sexual contact” is the intentional touching of sexual organs, genital area, anal area, inner thigh, groin, buttock or breast to degrade or humiliate the victim or for sexual arousal or gratification of the defendant. Sexual contact may also be established where an adult engages in sexual conduct (e.g. masturbates) when he or she knows a child under 13 is present for the purpose of sexual arousal/gratification or to degrade/humiliate the victim. “Sexual penetration” means “vaginal intercourse, cunnilingus, fellatio or anal intercourse between persons or insertion of the hand, finger or object into the anus or vagina either by the actor or upon the actor’s instruction.”
Sexual Contact With Victim Under Thirteen. Subsection b of 2C:14-2 sets forth the only variety of sexual assault which does not require sexual penetration. All that is required is “sexual contact” with a child under 13 years old by someone who is at least 4 years older for a violation of the statute to be triggered. When the contact with a child under 13 involves sexual penetration, the offense is enhanced to aggravated sexual assault.
Penetration Through Force or Coercion. Use of bodily force or threats to accomplish an act of sexual penetration results in the second form of sexual assault.
Penetration of Victim on Probation/Parole or Detained in an Institution. An act of sexual penetration by someone in a supervisory or disciplinary position over someone on parole or probation, or similarly situated within a hospital patient or someone institutionalized is also guilty of sexual assault.
Victim Is At Least 16 But Less Than 18 And Sexual Penetration Is By Someone With A Special Relationship.The fourth form of sexual assault set forth in 2C:14-2 arises when there is sexual penetration of someone between 16 and 18 by an actor who is related to the victim, has supervisory/disciplinary authority over the victim or a guardian, resource parent or stands loco parentis.
Victim Is At Least 13 But Less Than 16 And Actor Is At Least 4 Years Older. It is important to keep in mind that this form of sexual assault can even occur in where the defendant is also a minor, as can a charge for endangering the welfare of a child offense.
Statute of Limitation. There is no statute of limitation for filing a sexual assault. The state can file a complaint or indicted an individual at any time on this charge.
Penalties for Sexual Assault. Sexual assault is a second degree crime that carries a period of incarceration of 5-10 years and a fine that can reach $150,000. A conviction for second degree sexual assault also falls under the No Early Release Act. An individual convicted of sexual assault must serve at least 85% of their prison term before they may be considered for parole.
Woodbridge NJ Sexual Assault Attorney
Whether its a teacher being arrested on allegations of inappropriate contact with a student or a youth football coach ccaused of committing a sexual assault, Woodbridge has its share of these charges. Invariably cases of this nature end up in New Brunswick since that is where the court having jurisdiction over a second degree sexual assault offense is located. What is key in defending a Woodbridge, Perth Amboy or Edison sexual assault charge is that you have representation by an attorney who is not only equipped to defend a sex crime of this nature but one who is also highly familiar with the players and court in New Brunswick. This is precisely what you have with the lawyers at our firm, The Law Offices of Jonathan F. Marshall. To speak to a lawyer on our staff now, contact our Woodbridge office at 732-634-0700.