What Constitutes an Aggravated Sexual Assault?

If you are under investigation for aggravated sexual assault, acquiring representation immediately is a must. The state imposes harsh penalties for those accused of aggravated sexual assault, including imprisonment, fines, and lifetime registration on the New Jersey sex offender registry.

Thankfully, the South Jersey aggravated sexual assault lawyers at The Law Office of Christopher St. John are not afraid to fight the charges levied against you.

Defining Aggravated Sexual Assault

According to N.J. Stat. §2C:14-2, aggravated sexual assault occurs when a perpetrator  commits sexual penetration with another person under the following conditions:

• The victim is at least 13 years old but less than 16 years old, and the two individuals share blood relation, the actor has a supervisory role over the victim, or if the perpetrator is a family friend or guardian
• A victim younger than 13 years of age
• The act is committed during the commission or attempted commission of a robbery, hijacking, burglary, arson, or criminal escape
• A perpetrator armed with a weapon and threatens to use it against the victim
• The perpetrator is aided or abetted to commit the act using coercion
• A perpetrator uses coercion to commit sexual acts, done against the victim’s will
• The perpetrator causes the victim severe personal injury
• A victim has a mental or physical disability which the perpetrator knew or should have been aware of at the time of the act

Penalties for Aggravated Sexual Assault

Aggravated sexual assault is a crime in the first degree. A defendant prosecuted on aggravated sexual assault charges may be sentenced to 10 to 20 years in prison, fined up to $200,000, registered on the state sex offender registry, and ineligible for parole until at least 85 percent of their sentence has been served.

New Jersey law imposes harsher penalties if the victim is younger than 13 years old. Offenders may face a minimum imprisonment of 25 years, with the potential for life in prison. The individual will be ineligible for parole until at least 25 years have been served.

Defenses

It can be challenging to find viable defenses to an aggravated sexual assault charge. If you are facing allegations of aggravated sexual assault, the following defenses may be available to you:

Mistaken Identity

A type of factual defense, mistaken identity asserts that you could not have committed the crime based on available evidence. It is plausible that you may have been misidentified by the victim. If so, your attorney may recommend having a forensics team test a DNA sample from the crime scene to determine the offender’s identity.

Alibi

Another type of factual defense, an alibi, accounts for your location elsewhere at the time of the crime. If you were with another person at the time, that individual can provide testimony establishing your location. If you were at a restaurant, a dinner or drink receipt can do the trick, or even footage from a surveillance camera identifying you sitting at a table.

Consent

This defense will only apply a fraction of the time in aggravated sexual assault cases. Consent is a legal defense, meaning that establishing a certain circumstance can negate or reduce your liability. Consent will only apply in cases in which the prosecution has brought charges against you based on the victim’s lack of consent. If the victim is younger than the age of consent (being 16 years old in New Jersey), then this defense will not apply.

Reach Out to Our South Jersey Aggravated Sexual Assault Lawyers

An aggravated sexual assault charge places your freedom and future in limbo, placing you in danger of losing everything that you have achieved. At The Law Office of Christopher St. John, our South Jersey aggravated sexual assault lawyers pride ourselves on getting to know each of our clients and their stories intimately, allowing us to develop a defense strategy that is right for you. If you are ready to schedule your free consultation, contact us online or give us a call today.