At the Law Offices of John J. Zarych, our South Jersey criminal defense attorneys have more than 40 years of combined experience. We provide aggressive and knowledgeable legal counsel and representation for those facing all types of sex crime charges throughout New Jersey. What is called “rape” in many other states is classified as sexual assault with penetration in New Jersey. Sexual assault charges can also be enhanced to “aggravated sexual assault.” While sexual assault charges can carry harsh penalties, the potential penalties for an aggravated sexual assault conviction are even more severe.
Our sexual assault defense lawyers can challenge the charges against you, fight to get charges reduced, and work to get your case dropped. Call (609) 616-4956 to schedule a free, confidential case review.
What to Do if You Are Arrested for Sexual Assault in Atlantic City
Being arrested for any offense is a scary experience, but being arrested for a sexual offense can be especially frightening and humiliating. People are very quick to pass judgment before any evidence is presented, and you might already be guilty in the court of public opinion. Even so, if you take certain steps to protect yourself and your rights during the arrest process, our sexual assault defense lawyers may be in a better position to help you mount an effective defense.
Stay calm and do not resist arrest. Do your best to cooperate with law enforcement. However, you should not consent to everything asked of you by the police. Answer basic identifying questions, but do not answer questions about the alleged crime. If the police ask if they can search your home or other private property for evidence, say no. Make them get a warrant. They might say something like, “Well, what do you have to hide?” Do not take the bait. Assert your rights and do not consent to a search of your property without a warrant.
When you are in police custody, the authorities will probably ask you about the alleged crime. First, however, they are required to read you your Miranda rights. These include your right to have a lawyer present during questioning and your right to remain silent. You can and should refuse to answer questions until you have a lawyer with you.
You might be tempted to try to explain your side of the story, but avoid saying anything, even if you think it might be helpful. The police are not on your side. Their job is to find incriminating evidence to support criminal charges against you. When they say anything you say can and will be used against you, they mean it. Your priority after being arrested should be getting a lawyer as soon as possible.
Sexual Assault Definition in Atlantic City
Like most crimes, the elements that compose the crime of sexual assault are very specific. You cannot be convicted of a crime like sexual assault unless you confess to the crime or the government proves each element of the offense beyond a reasonable doubt. To understand the elements the government must prove, it is important to look at the statute’s definition of sexual assault.
Simple Sexual Assault
New Jersey law contains two levels of sexual assault, known as “simple” and “aggravated” sexual assault. Though “simple” sexual assault is not the official name, it is usually used to differentiate “sexual assault” from “aggravated sexual assault.”
N.J.S.A. § § 2C:14-2(b)-(c) defines two forms of simple sexual assault. First, it is sexual assault to have sexual contact with someone under the age of 13. This includes touching and feeling but does not need to include penetration to be a crime. Alternatively, any act of sexual penetration is sexual assault if specific conditions exist.
Aggravated Sexual Assault
The statute which defines the crime of aggravated sexual assault (rape) in New Jersey is N.J.S.A. 2C:14-2(a). The statute requires that sexual penetration occurs in any of at least six different circumstances. Under New Jersey law, sexual penetration includes not only vaginal or anal penetration, but also oral sex or the insertion of a finger or any foreign object into a sexual orifice. Aggravated sexual assault can be charged if a person commits an act of sexual penetration under any of the following circumstances:
- The victim is 12 years old or younger
- The victim is between 13 and 16 and is a close relative of the perpetrator or is under the perpetrator’s supervision or discipline
- The act occurs during the commission of a robbery, kidnapping, burglary or other crime
- The perpetrator threatens the victim with an apparent weapon
- The perpetrator uses physical force or coercion and causes severe injury
- The victim was mentally incapacitated or otherwise physically helpless to resist
Aggravated sexual assault is a first-degree crime under New Jersey law meaning that it is one of the most serious offenses a person can commit.
The Penalties for a Sexual Assault Conviction
Both sexual assault and aggravated sexual assault carry very severe penalties. Aggravated sexual assault is a first-degree crime in New Jersey, placing it alongside some of the worst crimes New Jersey punishes. Simple sexual assault is a second-degree crime, sharing that definition with severe drug crimes, violent crimes, and very high amount theft crimes.
Sexual assault is a second-degree crime punished by 5-10 years in prison and fines of up to $150,000.
Aggravated sexual assault is a first-degree crime punished by 10-20 years in prison and fines of up to $200,000.
In addition, if you plead guilty or are found guilty of a sex crime, you could face a lifetime of registration as a sex offender under Megan’s Law and parole supervision for life. While the penalty was originally termed Community Supervision for Life (CSL), the name was changed to Parole Supervision for Life (PSL) in 2004. While sex offenders convicted before 2004 would have registered for the CSL program, those individuals convicted after 2004 would be forced to register for PSL.
Both PSL and CSL function similarly, but they are not the same. Conditions on your freedom that can be imposed following conviction and CSL or PSL registration include:
- Permanent parole unless the individual petitions for termination after 15 years have elapsed.
- Requirement that he or she only resides at a residence approved by the parole officer.
- Prohibition on possessing or owning any gun or firearm.
- If the individual wishes to leave the state, he or she must first secure the permission of the parole officer.
- The individual must comply with any established curfew.
- The individual must consent to searches by the parole officer even without a warrant.
- The individual must submit to all requests for drug or alcohol testing.
Evidence That Might Be Used Against You in an Atlantic City Sexual Assault Case
The prosecutor is required to share with us all their relevant evidence during what is known as the discovery phase. We can then use this information to determine the best way to defend you against the criminal charges. While we will not know exactly what kind of evidence is involved in your specific case until the discovery phase, we can consider certain pieces of evidence that come up often in sexual assault cases.
First, we should consider the existence of DNA evidence. Many people consider DNA to be the holy grail of evidence as it is unique to each person on the planet. If your DNA is found on or inside the victim’s body, it might be extremely difficult to argue that you did not have anything to do with the victim. However, DNA might instead work in your favor. If DNA evidence does not match you, our case becomes much stronger. Whose DNA is it? Does it belong to the real assailant? If someone else’s DNA and not yours is found at the crime scene, we might even be able to push for the dismissal of your case.
While DNA is not always available in every case, testimony usually is. Even if there are no witnesses, the alleged victim will likely testify about what they claim happened. Their testimony tends to be very powerful, even if it is weak, as sad, traumatic stories often sway jurors. Even so, if the alleged victim provides inconsistent testimony or makes statements that conflict with the information they provided previously, we can undermine their testimony for being unreliable.
Witnesses may also testify. While they might not have seen the alleged sexual assault occur, they might have other information that can be used against you. Perhaps they claim to have seen you and the victim enter or exit someplace together around the time of the assault. While this is only one small piece of the puzzle, it is powerful. If witnesses are incorrect or their memories are unclear, we can raise these issues when we question them.
Developing Defense Strategies for Sexual Assault Charges
The best defense will change based on the circumstances of a given case. As such, defendants often need attorneys to customize their defense tactics and strategies. Even in cases of alleged sexual assault where a defendant might feel as though the entire world is against them, there might be room for a strong defense.
Insufficient Evidence
First, we must examine the evidence. To secure a conviction, prosecutors need enough evidence to meet their burden of proof. This burden in criminal trials is proof beyond a reasonable doubt. This is an extremely high burden to meet, and it is not unusual for prosecutors to come up short. If, after reviewing all the evidence, we believe that there is no way for the prosecutor to satisfy the burden of proof, we can file a motion with the court to dismiss the case for lack of evidence. Even if the judge denies our motion, prosecutors might be willing to drop the case or reduce the charges once they realize they have weak evidence.
Dishonest Witnesses
Unfortunately, many cases of alleged sexual assault come down to testimony. The big question is, who does the jury believe, you or the victim? Tragically, not all supposed victims are honest in their testimony. If you know of a reason why the victim or perhaps a witness would lie about the alleged assault, tell your attorney about it immediately. Your attorney can work with you to find evidence of the lie or at least raise the issue of dishonesty in the minds of jurors.
Consent
A prominent issue, if not the main issue, in sexual assault cases is consent. These criminal charges often revolve around the fact that the victim, in many cases, did not provide consent. Perhaps this is not true, though. Maybe you have admitted that you had a sexual encounter with the alleged victim, but the encounter was consensual. In that case, you will likely need to testify in court about when and how you received consent. Consent is not something that is usually documented, so your recollection of things might be all we have to go on. The more details you can provide, the better. Also, consent is not an issue in all sexual assault cases. Cases involving young children often do not consider consent, as children cannot provide legally valid consent for sexual activities with an adult.
Our Atlantic City Sexual Assault Defense Lawyers Can Help
The sexual assault defense attorneys at the Law Offices of John J. Zarych represent those charged with crimes like sexual assault throughout South Jersey. To schedule a free, discreet case reveiw with our attorneys, call (609) 616-4956 today.
