Sexual assault charges, although severe, often are not given the attention they deserve because of the number of people who do not report this type of assault. A 2012 survey, conducted by the National Center for Injury Prevention and Control, found that approximately one out of every twenty women and men (5.6% and 5.3%, respectively) experienced some sort of sexual violence within the twelve-month period prior to the survey.
Aggravated Sexual Assault
Aggravated Sexual Assault is the most common form of sexual offense and is classified as a crime of the 1st degree. According to the New Jersey 2C: 14-2 Criminal Code, “An actor is guilty of aggravated sexual assault if he commits an act of sexual penetration with another person under any one of the following circumstances:
(1) The victim is less than 13 years old;
(2) The victim is at least 13 but less than 16 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 over the victim by virtue of the actor’s legal, professional, or occupational status, or
(c) The actor is a resource family parent, a guardian, or stands in loco parentis within the household;
(3) The act is committed during the commission, or attempted commission, whether alone or with one or more other persons, of robbery, kidnapping, homicide, aggravated assault on another, burglary, arson or criminal escape;
(4) The actor is armed with a weapon or any object fashioned in such a manner as to lead the victim to reasonably believe it to be a weapon and threatens by word or gesture to use the weapon or object;
(5) The actor is aided or abetted by one or more other persons and the actor uses physical force or coercion;
(6) The actor uses physical force or coercion and severe personal injury is sustained by the victim;
(7) The victim is one whom the actor knew or should have known was physically helpless, mentally incapacitated, or had a mental disease or defect which rendered the victim temporarily or permanently incapable of understanding the nature of his conduct, including, but not limited to, being incapable of providing consent.”
Sexual Assault
While aggravated sexual assault is a crime of the 1st degree, the circumstances of the assault could result in the action being treated as a crime of the 2nd degree. These specific circumstances are listed under New Jersey 2C: 14-2 Criminal Code as the following:
“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.
- 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.”
Defenses against Sexual Offense Charges
If you are charged with any kind of sexual offense, contact Fred Sisto immediately at (732) 898-3232 to ensure you are properly represented. Based on your particular case, he will be able to determine the most effective strategy, which could include, but is not limited to:
- arguing inadequate notice of the details of the alleged offense
- demonstrating some likelihood that the sex was consensual
- arguing that the statute of limitations has run
- demonstrating a lack of supervisory or disciplinary power over the alleged victim
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