Facing accusations of sexual abuse is a deeply serious matter with life-altering consequences. Even within a committed relationship, any attempt to engage in sexual conduct against another person's will can result in criminal charges. These accusations often arise in highly emotional contexts and are frequently tied to domestic violence cases.
Sexual abuse encompasses a wide range of alleged actions, from unwanted advances to more severe accusations of assault. Because these cases are complex and often hinge on conflicting accounts, the stakes are incredibly high. Convictions can lead to harsh penalties, including incarceration, mandatory registration as a sex offender, and irreparable damage to your personal and professional reputation.
If you have been accused of sexual abuse by a spouse, partner, or anyone else protected under New Jersey's domestic violence law, it is critical that you speak with the experienced Criminal Defense Team of the Lento Law Firm. We understand the gravity of these accusations and are committed to providing a thorough, strategic defense for individuals charged with sexual abuse. Call us today at 888.535.3686 or contact us online to discuss your situation.
What is Domestic Violence in New Jersey?
According to the New Jersey State Police, domestic violence is characterized by a recurring pattern of physical, emotional, verbal, and sexual abuse. This behavior often includes actions such as threats, intimidation, isolation, and financial control. Over time, these abusive patterns tend to escalate, becoming more frequent and severe.
Domestic violence does not discriminate—it can affect individuals of any race, age, gender, sexual orientation, religion, or socioeconomic status. It occurs across all education levels and within both opposite-sex and same-sex relationships. Whether the individuals are married, cohabiting, or dating, intimate partners in all types of relationships can be affected by domestic violence.
What is the New Jersey Prevention of Domestic Violence Act (PDVA)?
The New Jersey Prevention of Domestic Violence Act (PDVA) is a law enacted in 1991. The law intends to protect victims of violence from their partners, spouses, or other family members engaging in violence in the home. The law outlines 19 specific offenses that, when combined with a defined relationship between the victim and the alleged offender, are categorized as domestic violence. Some of the most common offenses under this act include:
- Assault
- Homicide
- Sexual assault
- Criminal Sexual Assault
- Terroristic threats
- Kidnapping
- False imprisonment
- Lewdness
Under this act, the defendant must be at least 18 years old and have engaged in one of the specified criminal acts. The act also establishes a simplified, efficient process for victims to obtain a temporary restraining order (TRO). Importantly, it also enables victims to pursue criminal charges from the same incident that led to the restraining order. The law also requires law enforcement to file a criminal complaint if the victim shows visible injuries.
What Types of Relationships Fall Under the PDVA?
For an incident to qualify as domestic violence, the plaintiff and defendant must share a specific type of relationship, including:
- Marriage
- Separation
- Divorce
- Living together in the same household at present or in the past
- A current or former dating relationship
- Parents who have a child in common
- A relationship in which the plaintiff and defendant are expecting a child.
The law is gender-neutral. However, the plaintiff must be 18 years old or older or be an emancipated minor to fall under PDVA's protections, and they must have experienced at least one incident of domestic violence. The defendant must also be 18 years old.
What Constitutes Sexual Abuse in a Domestic Violence Case?
Sexual abuse can refer to a broad range of sexual activity that occurs against someone's will. In New Jersey, sexual offenses are recognized as predicate offenses under the PDVA, meaning that victims of these acts can seek legal protection, such as TROs, and the offenses may lead to criminal charges against the alleged perpetrator as part of a domestic violence case.
Sexual offenses in the domestic violence context may include:
- Sexual Assault. In New Jersey, sexual assault is the term used for rape. The law defines sexual assault as penetration, no matter how slight, in which physical force or coercion is used or in which the victim is physically or mentally incapacitated. “Penetration” is defined as including vaginal or anal intercourse, cunnilingus, fellatio, or insertion of a hand, finger, or object into the intimate parts of a person unwilling or unable to consent. There is no exception for marital rape. Charges may also be brought for attempted sexual assault
- Criminal Sexual Contact. This sex crime involves intentionally touching the intimate parts of another person—or forcing another person to touch the actor's intimate parts—without their consent and for the purpose of sexual gratification, humiliation, or degradation. In this case, touching doesn't need to involve penetration to qualify as criminal sexual contact, nor do clothes have to be removed.
- Sexual Exploitation. This act consists of using a partner or former partner for sexual purposes without their informed and voluntary consent, including sharing intimate images without consent (revenge porn).
- Sexual Coercion. This crime occurs when a partner or former partner forces another to engage in sexual acts through threats, psychological or emotional manipulation, pressure, or intimidation.
- Non-Contact Sexual Abuse. This sex crime refers to any sexually abusive behavior that does not involve physical touch but still causes harm, fear, or distress to the victim. This form of abuse is typically aimed at violating someone's sense of safety and dignity through inappropriate sexual actions or communications. Examples can include exhibitionism, voyeurism, sexual harassment, revenge porn, making sexual threats, or forcing someone to watch sexual acts or pornography.
- Reproductive Coercion. Reproductive coercion is a little-known form of domestic abuse involving actions that pressure or manipulate someone into an unwanted pregnancy by sabotaging birth control methods or using threats—such as abandonment—to force compliance with pregnancy-related decisions.
What Are the Charges and Penalties for Sexual Abuse in New Jersey?
Sexual offenses come with dire legal and social consequences, particularly if they are tied to domestic violence. The most commonly occurring felony sexual offenses in New Jersey generally have four degrees of severity:
First Degree Aggravated Sexual Assault.
First-degree aggravated sexual assault carries the most severe penalties. This offense involves sexual penetration or any other form of sexual contact under specific circumstances, such as if the victim is under 13 years old, the victim is between 13 and 16, and the alleged perpetrator is in a position of trust, such as a family member. An individual also may be charged under this degree of offense if the assault:
- occurred during the commission of another crime
- the perpetrator used a weapon, force, or coercion on the victim
- the perpetrator knew or should have known the victim couldn't give consent.
If convicted of aggravated sexual assault, you face up to 20 years in prison and up to $200,000 in penalties. You would also be subject to the No Early Release Act (NERA). This act requires that you must serve 85% of your sentence without the possibility of parole.
Second Degree Sexual Assault
Second-degree sexual assault consists of sexual contact or sexual penetration of a victim without the additional conditions of an aggravated assault. If convicted of second-degree sexual assault, you face up to 5-10 years in prison and up to $150,000 in penalties.
Third Degree Aggravated Criminal Sexual Contact
This third-degree offense involves non-penetrative sexual acts committed under the same specific aggravating circumstances described in aggravated sexual assault. The standard penalty for a conviction includes 3 to 5 years in prison and a fine of up to $15,000. However, for a second or subsequent conviction, you will face a mandatory five years in prison without possibility of parole.
Fourth Degree Criminal Sexual Contact
This fourth-degree offense involves non-penetrative sexual acts committed without aggravating circumstances. A conviction can bring up to 18 months in prison and fines up to $10,000. Indecent exposure is also—a fourth-degree crime with similar penalties.
Disorderly Persons Offense
As relating to sexual crimes, this offense usually involves a charge of lewdness. It's punishable by up to 6 months imprisonment and a fine up to $1,000–the equivalent of a misdemeanor.
The seriousness of these charges shows why it is critical to hire an experienced criminal defense lawyer as soon as possible. Call the Criminal Defense Team of Lento Law Firm today at 888.535.3686 or contact us online to discuss your situation.
Additional Consequences for Sexual Abuse Charges or Convictions
For domestic violence cases with allegations of sexual abuse, criminal charges and legal penalties are only part of the serious, life-changing repercussions that can occur. Individuals accused or convicted of a domestic violence and sexual crime are also likely to face:
Temporary Restraining Orders
The PDVA permits a victim of domestic abuse to seek a TRO against an alleged abuser in family court after an inciting incident. If a TRO is filed against you, your life will change dramatically. A TRO generally prohibits an alleged abuser from abusing, stalking, contacting, approaching, or speaking to a plaintiff in person or electronically. It can also forbid you from going to specific locations, contacting the plaintiff's close friends or family members, or possessing any weapons. It can also award child custody to the plaintiff and bar you from the family home–from the moment the judge signs the order.
If you fail to follow even a single detail in the TRO, you can be arrested immediately and will face serious legal consequences on top of your sexual abuse charges. TRO-related penalties include fines, jail time, or the permanent loss of child custody. The TRO remains in effect until the Final Restraining Order (FRO) hearing, generally within ten days. If the plaintiff proves their case, and you do not put up a strong defense, the court may grant the FRO, extending the terms of the TRO indefinitely.
Sex Offender Registration
New Jersey law requires individuals convicted of certain sexual offenses to register as a sex offender. If you're convicted of sexual assault, aggravated sexual assault ag, aggravated criminal sexual contact, or other sexual crimes, you are mandated to register. The law requires registration regardless of the length of jail time served or even if the court puts you on probation. Once on the sex offender registry, you will remain for life.
Loss of Civil Liberties
If you're convicted of a felony sex crime, you will forfeit certain rights that other members of society are allowed to enjoy. For example, in New Jersey, felons may not vote, sit on juries, or serve as a notary public until their sentence is fully served, including parole. You will also be forbidden to own a firearm unless the appropriate government agency restores your rights.
Loss of Employment and Educational Opportunities
Having a felony sex crime on your record can make it challenging to find a good job. Criminal records are accessible to the public, including potential employers. Although New Jersey employers aren't allowed to inquire about your record before an interview, they may conduct background checks afterward. Your criminal record might dissuade them from hiring you. Convicted felons are also often automatically barred from certain roles, particularly jobs that require obtaining a license, working with vulnerable populations (such as children or sick people), or government jobs requiring security clearance. A felony conviction in New Jersey can also affect educational opportunities, particularly regarding access to financial aid, enrollment policies, and career-specific programs.
Potential Loss of Benefits
A sex crime conviction can prevent individuals from accessing financial aid and other government benefits. Those seeking student loans, Medicare/Medicaid coverage, or other forms of government assistance may face disqualification due to their criminal record.
Potential Defenses to Allegations of Sexual Abuse in Domestic Situations
You may feel understandably overwhelmed and terrified by the potential consequences of a sex crime conviction. But remember–facing allegations does not mean the outcome is predetermined. The prosecutor carries the burden of proof, and you can defend yourself against the allegations. Common potential defenses include:
- Consent. A defendant may be able to argue that the sexual activity was consensual– that is, that the alleged victim had the mental capacity to consent and demonstrated “freely given permission” to engage. Determining the boundaries of consent can be complex, but this defense can be bolstered with supporting evidence such as text messages, previous behavior, or witness testimony.
- No coercion. Prosecutors have the burden to prove beyond a reasonable doubt that coercion was involved. Evidence such as eyewitness accounts, video recordings, or other relevant materials may demonstrate that no coercion occurred. Even if your proof falls short of showing that no coercion occurred, it might be enough evidence to introduce a reasonable doubt, strengthening your defense.
- False accusation. Unfortunately, false accusations are not uncommon in sexual assault cases between couples or former couples. The accuser may make the accusation out of malice, revenge, or attempts to gain leverage in matters like custody disputes or divorce proceedings. In such cases, your defense attorney can investigate the accuser's motives, identify inconsistencies in their statements, or present evidence that contradicts the allegations.
- Involuntary or Pathological Intoxication. The defense of involuntary intoxication or pathological intoxication can be used in cases where: (a) the person was so intoxicated they didn't know what they were doing, or (b) they knew what they were doing but didn't realize it was wrong. "Pathological intoxication" means having a very extreme reaction to a small amount of alcohol or drugs because the person didn't know their body would react that way. To use this defense, you need strong evidence to prove it. Note that mixing prescription drugs with alcohol doesn't count as involuntary intoxication because people are expected to know that combining them can lead to severe intoxication.
- Constitutional violations. If law enforcement violated your constitutional rights by conducting an illegal search and seizure or by coercing a confession, for example, any evidence obtained due to that violation may be considered inadmissible under the "fruit of the poisonous tree" doctrine. This means that evidence directly gathered through unlawful actions, or anything derived from it, cannot be used against you in court. In such a situation, the Lento Law Firm's Criminal Defense Team would file a motion to suppress this evidence. If the motion succeeds, it may significantly weaken the prosecution's case, potentially leaving them without the proof needed to establish their guilt beyond a reasonable doubt.
Facing Sexual Abuse Charges in New Jersey? The Lento Law Firm Criminal Defense Team Can Help.
If you're facing sexual abuse charges in New Jersey in connection with domestic violence, it's crucial to contact the Lento Law Firm's experienced Criminal Defense Team today. Our skilled defense lawyer can help you:
- build a strong and strategic defense against the criminal charges
- challenge the evidence
- challenge any TRO filed against you
- prepare for the Final Restraining Order hearing
- protect your parental rights
- ensure that your Constitutional rights are protected
- work tirelessly to protect your future. In particular, we can help you
Don't let fear and frustration take control—take the first step toward protecting your future. Talk to Lento Law Firm's experienced Criminal Defense Team today. We are standing by, ready to help you defend against the charges and reach the best possible outcome. Contact us online or at 888.535.3686 to set up a consultation.
