Especially in recent years, the term “sexual assault” has been commonly used in the news. Those charged with a crime who see the name “sexual assault” on their charging papers may be confused as to how this crime differs from “rape” and whether this is a lesser form of a similar offense. Our Atlantic City sexual assault defense attorneys explain the difference between rape and sexual assault in New Jersey and what you need to know about these terms.
Is “Sexual Assault” the Same as “Rape” in NJ?
Many times, there is a difference between the common name for a crime and the technical, legal name for the offense. For instance, many people may say call defacing property “vandalism,” but the technical legal name in New Jersey is “criminal mischief.” The terms “rape” and “sexual assault” are similar.
Many people may use “sexual assault” as a catch-all phrase to encompass any sort of unwanted sexual advances. This could mean the term popularly includes things like unwanted sexual contact over the clothing as well as forced sex acts. In contrast, many people use the term “rape” more specifically to refer to sexual intercourse without consent.
In New Jersey, “sexual assault” is the name of all rape offenses, with lesser offenses typically having other names. This means that nearly any charge for “sexual assault” or “aggravated sexual assault” under N.J.S.A. § 2C:14-2 is a charge for rape. In this context, “sexual assault” is not a reduced charge or a less explicit term but is instead a full-fledged rape accusation. This crime consists of “sexual penetration” under various circumstances that indicate a lack of consent.
The reduced form of this offense, consisting of unwanted sexual touching short of rape, is called “criminal sexual contact” and is found under N.J.S.A. § 2C:14-2. This crime is written to parallel the sexual assault statute, but the illegal conduct consists of “an act of sexual contact” rather than “sexual penetration.”
Many states and news stories use different terms for these offenses, but it is important to understand the New Jersey definitions if you are facing criminal charges or accusations for these types of sexual offenses.
Sexual assault cases are taken very seriously, if you or a loved one has been charged with sexual assault, it is important to contact an experienced NJ rape defense lawyer immediately.
What is the Crime of “Sexual Assault” in New Jersey?
New Jersey’s sexual assault crime must include an act of “sexual penetration.” The definition of sexual penetration under N.J.S.A. § 2C:14-11 includes any oral, vaginal, or anal sex as well as insertion of the finger or an object into the anus or vagina. Additionally, the insertion of a finger or object, under the definition, can be performed at the defendant’s instruction, meaning that you can be charged with sexual assault without actually touching the victim.
In addition to acts of sexual penetration, there must be some added circumstance that makes it clear that the victim did not consent to the penetration. If the act was performed between two consenting adults, there is no crime – but sexual assault occurs when the act is performed under any circumstances involving violence, the commission of another crime, or physical force. Additionally, sex becomes sexual assault if the victim is under the age of 18, is on probation or parole, or is an inmate or patient at an institution.
In New Jersey, the age of consent is 16, so sex with someone 16 or 17 years old is only sexual assault if the actor is someone with power or authority over the victim, such as a parent, relative or supervisor. If the victim was 13, 14, or 15 years old, sexual acts become a crime if the actor is “at least four years older than the victim.” Sex, or even sexual contact that would normally be charged as “criminal sexual contact” is also sexual assault if the victim is under 13.
Some forms of this kind of sexual penetration are upgraded to “aggravated sexual assault” under circumstances demonstrating a use of extreme force, help from another person, drugs, assault during another serious felony, or sexual abuse of a child under the age of 13.
Penalties for Sexual Assault and Rape in NJ
Sexual assault can be classified as either “simple” sexual assault or “aggravated” sexual assault, depending on the circumstances. Aggravated sexual assault is among the most serious offenses in New Jersey and is graded as a first degree crime alongside things like murder. This crime is punished by 10-20 years in prison and fines up to $200,000. Simple sexual assault is a second degree crime on par with many other serious offenses like robbery. This is punished by 5-10 years in prison and fines up to $150,000.
In any sexual assault or rape crime, the actor may also be ordered to register as a sex offender. This means reporting their address to sex offender databases and following other requirements handed down by the court and the State of New Jersey, even after serving any jail time.
Atlantic City Rape and Sexual Offense Lawyers Offering Free Consultations
If you have been accused of rape or sexual assault or you face criminal charges for a sexual offense, contact the Atlantic City criminal defense lawyers at the Law Offices of John J. Zarych today. These kinds of offenses can have a permanent impact on your life and may require lifelong sex offender registration. For help with your case and to schedule a free legal consultation, call our law offices today at (609) 616-4956, or contact us online.
