“Sexual assault” is the name New Jersey uses for its rape offense. Under New Jersey law, both simple and aggravated sexual assault are classified among the two highest levels of crime in New Jersey, carrying over a decade in potential prison sentences and hundreds of thousands of dollars in fines.
If you are charged with sexual assault, strategic criminal defense could save you from these charges ruining your life. Not only could these offenses mean serious prison time and fines, but they could also involve sex offender registration. Remember, while others in your community are quick to judge, you have every right to assert a defense and protect yourself. In many cases, evidence is flimsy, and prosecutors might have trouble meeting their burden of proof. In others, we discover that the alleged victim or witness is not being honest in their testimony, and they might make contradictory or flagrantly false statements. At the end of the day, your lawyer can help you determine the best path forward.
Our sexual assault defense lawyers at The Law Offices of John J. Zarych 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.
First, it may be sexual assault if penetration occurs and the actor used force or coercion against the victim but did not cause severe personal injury. Second, it may be sexual assault if the victim was on probation, on parole, in prison, or institutionalized, and the actor had some authority over the victim. Third, it may be sexual assault if the victim was 16-18 years old, and the actor was related to the victim, had supervisory or disciplinary authority over the victim, or was the victim’s parent or guardian. Fourth and finally, it may be sexual assault if the victim is 13-16 years old and the actor is four or more years older.
Aggravated Sexual Assault
Aggravated sexual assault has similar conditions, but many of them are more violent or take further advantage of the victim. Aggravated assault charges tend to come up when victims are badly hurt, or the alleged behavior of the defendant is especially violent or shocking. According to § 2C:14-2(a), the law defines aggravated sexual assault as penetration with one of the following additional elements.
First, The victim is under 13 years old. Second, the victim is 13-16 years old, and the actor is related to the victim, has supervisory or disciplinary authority over the victim, or is the victim’s parent or guardian. Third, the act occurs during a completed or attempted robbery, kidnapping, homicide, aggravated assault, burglary, arson, or criminal escape. Fourth, the actor is armed with a weapon or uses another object to make the victim think the actor is armed. Fifth, the actor has help from another person in using force or coercion. Sixth, the actor uses physical force or coercion that causes severe personal injury. Finally, seventh, the actor knows or should have known that the victim is physically or mentally helpless, is not capable of understanding the act, or is not capable of giving consent.
The Penalties for a Sexual Assault Conviction in Atlantic City
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.
On top of these penalties, you may be required to register as a sex offender if you were convicted of sexual assault. New Jersey’s Megan’s Law may require registration for a long period of time. Sex offender registration can affect your ability to live where you want, get a job, work with children, and may affect other personal relationships. Additionally, registration can last for many years beyond your prison sentence.
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 in Atlantic City
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.
