Facing accusations or charges related to sex crimes is one of the most daunting experiences anyone might endure. Given the nature of such offenses, there is no single character of the accused, and it may affect all walks of life, irrespective of age, education, occupation, or socioeconomic status. Therefore, anyone can find themselves before a Gloucester County, New Jersey, judge invoking their right to a criminal defense.
Defending oneself against sex crimes can be a tough task as many have an enhanced emotional element to them. Even if the court eventually clears someone, the initial charges can have long-lasting implications. Society has its judgments, and being associated even with unfounded allegations of sex crimes can lead to friends, family, community members, and current and potential employers viewing the person differently. If charges are proven, the repercussions are even more significant, ranging from substantial monetary penalties to decades of incarceration and the establishment of a record on the state's online sex offender registry.
To maximize your defense and safeguard your public image, it's crucial to get in touch with the Lento Law Firm Criminal Defense Team. We will stand by you in a Gloucester County courtroom, advocate for your rights, and highlight your perspective on the matter. From the onset of such allegations, Gloucester County will begin building a case against you, so take the situation seriously and call the Lento Law Firm at 888-535-3686 or go online now.
How Does New Jersey Rank Sex Crimes?
Each sex crime allegation will have its individual nuances but will fall into one of five categories. New Jersey's legal classifications—or degrees—include the following:
- First degree
- Second degree
- Third degree
- Fourth degree
- Disorderly person offense
First-degree crimes are gravely serious, resulting in the highest fines and longest potential sentences. On the other end of the spectrum, disorderly person offenses are viewed as less severe legally but still carry with them a maximum incarceration time. Based on the severity of the offense, individuals charged with sexual offenses in Gloucester County, New Jersey, could face the following penalties:
- First-Degree Offense: Maximum Incarceration of 10 to 20 years and a maximum fine of up to $200,000, and in some cases a life sentence
- Second-Degree Offense: Maximum Incarceration of 5 to 10 years and a maximum fine of up to $150,000
- Third-Degree Offense: Maximum Incarceration of 3 to 5 years and a maximum fine of up to $15,000
- Fourth-Degree Offense: Maximum Incarceration of 18 months and a maximum fine of up to $10,000
- Disorderly Offense: Maximum Incarceration of 6 months and a maximum fine of up to $1,000
For example, in New Jersey, aggravated sexual assault, in general, is categorized as a first-degree crime, whereas lewdness and indecent behavior are viewed as a disorderly person offense or a fourth-degree crime, respectively.
New Jersey's Office of the Attorney General is implementing new measures to expedite the handling of sex crimes, typically those above third-degree offenses. Updated guidelines now require local police units to relay sexual assault allegations to prosecutors within 24 hours. Furthermore, Gloucester County prosecutors will have supervisory approval for all decisions regarding criminal charges.
Understanding the Age of Consent
Sexual crimes categorized as assault or contact occur when the participant either doesn't give their approval for the act or isn't legally qualified to do so. In New Jersey, those below the age of 16 are legally unable to provide lawful consent. Also, individuals under 18 cannot legally engage in sexual acts with someone holding a parental, guardian, supervisory, or similar role over them.
However, there's a specific allowance for those aged between 13 and 16, provided the sexual partner isn't four or more years older. For example, mutual sexual interactions between a 15-year-old and a 17-year-old wouldn't be considered against the law. Nevertheless, those who are deemed incapable of consenting to sexual actions include those with medical or cognitive challenges, unconscious individuals, and those under the influence of drugs or alcohol.
New Jersey Sex Crimes Statute of Limitations
The period within which an individual can report a sexual offense in Gloucester County—as well as the rest of New Jersey—is called the statute of limitations. This system encourages timely legal measures while preserving evidence and ensuring fairness to the defendant. Given the gravity of sexual offenses, the state has adapted its guidelines to accommodate longer durations for various circumstances.
In a criminal context, New Jersey has removed the time barriers for pursuing legal actions concerning sexual assault, rape, and similar offenses. This means that legal actions can be initiated regardless of the time that has elapsed since the alleged offense took place. For cases wherein the victim was a minor at the time of the offense, there are also no time restrictions. For civil actions, N.J.S.A. 2C:14-2a explains that individuals alleging sexual offenses during their childhood have until 37 years after their 18th birthday to initiate a suit. Meanwhile, adult survivors are given a seven-year timeframe from when they reasonably identify the injury and its relation to the harm to launch civil suits.
It's crucial to understand that only the legal system and law enforcement are equipped to effectively tackle sexual offenses. While some might believe they can resolve sex-related civil cases by using class actions to put a stop to future suits brought by victims, New Jersey has established strict guidelines against doing so. State law notes that "any private, contractual arrangement intending to settle claims… on a class basis is against public policy and shall be void and unenforceable." Regardless of the wishes or actions of those involved, New Jersey's legal process remains unwavering in its commitment to assess and adjudicate all reported sex crimes.
Common Sex Offenses in New Jersey
Instances of some sexual offenses are more prevalent than others. The potential repercussions can range from long-term incarceration for severe offenses to lesser penalties for lower-degree crimes. The level of the offense is determined by various factors, such as the age of the individuals involved, the specifics of the act, and the relationship between the alleged perpetrator and the victim, among other considerations. Nevertheless, any such charge can considerably tarnish an individual's record, either beginning a criminal record or adding a notable blemish to it.
A pivotal aspect in understanding sex crimes is the nature of the crime alleged. For example, the law will differentiate between acts involving sexual penetration and those of sexual contact. Such distinctions could mean the difference between a crime of the third degree and one of the first degree.
Per N.J.S.A. 2C:14-1, sexual penetration involves "vaginal intercourse, cunnilingus, fellatio or anal intercourse" resulting from inserting a finger, hand, or object. Sexual contact is committed when the accused intentionally touches the victim's "intimate parts" either directly or through clothing. Acts of sexual contact are committed to degrade or humiliate the victim or for sexual arousal or gratification. Each sex crime scenario varies, but here are some typical examples, associated legal classifications, and potential legal repercussions.
Aggravated sexual assault
- N.J.S.A. 2C:14-2(a): A first-degree crime involving sexual penetration with someone under the age of 13, with someone between 13 and 16 if the defendant had a familial relationship with the complainant or disciplinary power over the complainant, with someone during the course of another crime, or using force that produced an injury or with threatened force using a weapon.
Sexual Assault
- N.J.S.A. 2C:14-2(b)-(c): A second-degree crime—also known as rape—involving sexual penetration through the use of physical force or coercion—without physical harm—when the accuser is physically or mentally incapacitated or under the defendant's legal control or supervision.
Aggravated criminal sexual contact
- N.J.S.A. 2C:14-3(a): A third-degree crime involving sexual contact after coercion or force that leads to a physical injury to the accuser or with certain minors.
Criminal sexual contact
- N.J.S.A 2C:14-3(b): A fourth-degree crime that involves sexual contact using coercion but without injury or use of force, in circumstances similar to those that would apply in a sexual assault case.
Indecent exposure
- N.J.S.A 2C:14-4(b): A fourth-degree crime involving exposing intimate parts for the purpose of sexual gratification when the defendant reasonably knows that they will be seen either by a child under 13, certain minors depending on the age of the defendant, or by someone with a mental incapacity that makes them unable to understand the sexual nature of the exposure.
Lewdness
- N.J.S.A 2C:14-4(a): A disorderly person offense involving any act in which the defendant reasonably expects is likely to be observed by "nonconsenting persons who would be affronted or alarmed." When committed against accusers below the age of 13 or minors if the alleged perpetrator is four years older, lewdness is a fourth-degree offense.
Sex Crime Mandatory Minimum Sentences
The categorization of sexual offenses is critical in judicial outcomes, and the recurrence of such offenses carries significant weight. According to N.J.S.A. 2C:14-6, if someone is charged and later convicted of a second offense, it's perceived as a repeated or habitual behavior. In gauging this repetition, previous convictions play a crucial role. This means that even if you're currently charged for the first time in New Jersey, a prior conviction from another state can extend the sentencing duration in New Jersey for the second crime. Habitual offenders are subjected to a minimum fixed sentence of five years, during which parole is off the table, and the court does not have the discretion to modify the predetermined sentence with a reduction or suspension.
While there might be circumstances that can reduce the incarceration period for specific cases, New Jersey's "No Early Release Act" states that some will complete at least 85 percent of their assigned term before any possibility of release. Those convicted of certain offenses notably aggravated sexual assault or those crimes involving the youth, are subject to the sentencing provisions outlined in N.J.S.A. 2C:43-7.2.
Sexual Offender Registry
As previously highlighted, less severe violations usually result in lesser financial penalties and briefer incarceration terms, and in numerous cases, they may not necessitate jail time at all. However, there's an additional impact that is often not given due attention for those convicted of sex crimes.
Individuals found guilty of certain sexual offenses are mandated to register as sexual offenders. It's important to note that not every sexual offense requires this registration—only those specified under N.J.S.A. 2C:7-2. The system categorizes previous sexual offense convicts into three levels based on the assessed likelihood of re-offense. Each of these levels influences the extent of information disclosed to the general public. Some instances of convictions that mandate registration include the following:
- Aggravated sexual assault and sexual assault.
- Aggravated criminal sexual contact and criminal sexual contact (when the victim is a minor).
- Endangering the welfare of a child through sexual contact, pornography, or prostitution.
- Luring, enticing, kidnapping, criminal restraint, and false imprisonment (when the victim is a minor).
Even individuals with lower-degree charges assessed with a minimal likelihood of re-offense may have obligations to inform local law enforcement in specific regions. Additionally, the New Jersey Sex Offender Internet Registry is open to the public, meaning anyone with online access can view it.
How New Jersey's Lento Law Firm Criminal Defense Team Can Help You
With potential legal repercussions, a damaged reputation, hurdles in job pursuits, disrupted personal relationships, and possible forfeiture of professional licenses, you need proven representation to defend yourself when confronted with sex crime allegations or charges. Gloucester County, New Jersey, actively and meticulously prosecutes such offenses, employing thorough methods to investigate, adjudicate, and punish accused individuals. Ensuring you have proficient and steadfast legal support is key to defending your reputation and freedom.
The Lento Law Firm Criminal Defense Team maintains a wealth of experience in handling sex crime cases throughout New Jersey, especially in Gloucester County. We understand the complexities inherent in such allegations and are dedicated to providing a formidable, strategic defense that champions your rights and well-being. Without a solid defense team around you, the risk of harsh jail sentences, substantial financial penalties, and enduring harm to your persona is real. Call the Lento Law Firm Criminal Defense Team at 888-535-3686 or go online today.
