Aggravated sexual assault is the most serious sex offense an individual can face at the Superior Court in Elizabeth. This charge is graded as a first degree crime just like, for example, murder. The violation is considered so extreme in New Jersey that lawmakers have declined to adopt a statute of limitation so that it can theoretically be filed at any time. In the same instance, rape cases are often based on limited evidence, specifically, the testimony of the alleged victim. Skillful cross-examination and the ability to dissect this testimony are imperatives whether a rape case involves an aggravated sexual assault or sexual assault charge. This is where your decision on the attorney to defend you can make the difference between conviction or acquittal, or even a favorable plea.
Aggravated Sexual Assault Law
N.J.S.A. 2C:14-2 outlines seven (7) ways in which “sexual penetration” can result in an aggravated sexual assault. For this purpose, “sexual penetration” means intercourse, oral sex, or insertion of hands, fingers or other objects in the anus or vagina. In accordance with State in Interest of M.T.S., 129 N.J. 422 (1992), the prosecutor must establish “beyond a reasonable doubt that there was sexual penetration and that is was accomplished without the affirmative and freely-given permission of the alleged victim.” Based on this standard, N.J.S.A. 2C:14-2(a) establishes the offense of aggravated sexual assault if sexual penetration occurs under any of the following circumstances: (1) the victim is under 13 years old; (2) the victim is at least 13 but less than 16 and the actor is related to the victim, has supervisory or disciplinary power over the victim, or acts as guardian or loco parentis within the victim’s household; (3) it is committed during a robbery, kidnapping, homicide, aggravated assault, burglary, arson or criminal escape; (4) a weapon was used to threaten the victim; (5) the actor used force and was aided by others; (6) force was used and results in severe persons injury to the victim; or (7) the victim lacked capacity to consent because of helplessness or disability. The accused must act knowingly with respect to any of these seven (7) varieties of aggravated sexual assault. A person acts knowingly when they are aware of their actions, aware of the surrounding circumstances, or are aware of a high probability that the circumstances existence. A person acts knowingly with regard to the results of their actions when they are aware of a high probability that their actions will produce a given result.
Prison Sentence That Applies to Aggravated Sexual Assault
The range of incarceration for this charge is ten (10) to twenty (20) years in state prison. In addition, since this form of rape offense falls under the No Early Release Act (NERA), an individual is required to serve at least eight-five (85) percent of whatever sentence is imposed before they are eligible for parole.
Enhanced Jail Term Where Victim Is Under 13 Years Old. This law elevates the prison term to twenty-five (25) years to life imprisonment if the aggravated sexual assault involves a child who is under 13. This enhancement also imposes a mandatory minimum jail term so that an individual is ineligible for parole for at least twenty-five (25) years if they are found guilty and sentenced for raping a child under 13 years old. The only exception is where, in consideration of the interests of the victim, the prosecutor negotiates a plea agreement that provides for a state prison term of at least fifteen (15) years, during which the accused is ineligible for parole.
Megan’s Law Requirements
As the most serious of sex charges an individual can face in New Jersey, an individual is subject to Megan’s Law and community supervision for life if they are found guilty of aggravated sexual assault. Registration and reporting as a sex offender are for life without any opportunity for removal.
Hudson County Aggravated Sexual Assault Defense Lawyer
If you were arrested based on an accusation that you raped someone in Hudson or another municipality, the only place your charges can be heard is the Hudson County Superior Court. To speak to a lawyer on our team about a rape/aggravated sexual assault charge filed in any county.
201-470-4181
