Area of Practice: Sexual Assault

Sexual assault is one of the most serious crimes in New Jersey. Under N.J.S.A. 2C:14-2, a person commits sexual assault in New Jersey if he commits an act of sexual contact with a person under the age of 13 years old and the actor is at least four years older than the victim. A person also commits sexual assault if he commits an act of sexual penetration with another person under any of the following circumstances: the actor uses physical force or coercion; the actor has supervisory or disciplinary power over the victim and the victim is detained in a hospital, prison, or other institution or is on probation or parole; the victim is between 16 and 18 years old and the actor is a blood relative or has supervisory or disciplinary power over the victim; or the victim is between 13 and 16 years old and the actor is at least four years older than the victim. Sexual assault is a second degree crime.

Under certain circumstances, sexual assault is raised to an aggravated sexual assault, which is a first degree crime. Aggravated sexual assault in New Jersey is defined as an act of sexual penetration with another person under any of the following circumstances: the victim is less than 13 years old; the victim is between 13 and 16 years old and the defendant is a blood relative of the victim or has supervisory or disciplinary power over the victim; the act is committed during the commission of a number of enumerated felonies; the actor is armed; the actor uses force or coercion while aided or abetted by another person; the actor uses force or coercion and the victim sustains serious personal injury; the victim is a person that the actor knows or should know to be physically helpless or mentally defective.

A criminal conviction for sexual assault or aggravated sexual assault in New Jersey carries very serious consequences, including imprisonment, fines, and reporting requirements under Megan's Law. The reporting requirements are very significant in that they present a substantial obstacle to finding housing and employment, and generally apply to the offender for the rest of his life. If you are charged with sexual assault in New Jersey, please contact Ravi S. Bhalla, Esq. or Monica Y. Cho, Esq., for a free phone consultation.