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Ensuring Fair Treatment In Alleged Sexual Assault Cases

Individuals convicted of this type of sex crime can face significant prison time, large monetary penalties and lifelong parole supervision. Sentencing guidelines can range from 10 to 20 years in prison with no parole eligibility until 85% of the prison sentence has been served. Individuals convicted of sexual assault must register as a sex offender. Aggravating factors can lead to serious extensions on your sentence.

At Agre & St. John, you get a tenacious defense grounded in decades of experience. We examine all the evidence and craft a unique legal strategy that minimizes the impact sexual assault and aggravated sexual assault charges have on your life. Email us as soon as possible.

What Constitutes Sexual Assault?

Individuals engaged in sexual contact with another without that person’s consent may face charges of sexual or aggravated sexual assault. State laws vary in the definition of sexual assault. Any nonconsensual act of sexual touching generally constitutes sexual assault. The most common types of sexual assault include:

  • Rape
  • Unwanted bodily contact, including kissing, groping or fondling
  • Forced oral sex
  • Forced penetration by tongue, mouth, finger, penis or other objects into or on another person’s anus, penis or vagina
  • Forced masturbation

The gender of the perpetrator or victim of sexual assault is irrelevant. Most states, including New Jersey, distinguish sexual assault as aggravated when actual penetration occurs during the commission of another crime, including aggravated assault, robbery or burglary, kidnapping, homicide or arson. Additional categories of aggravated sexual assault involve victims between the ages of 13 to 16 and victims who have a familial relationship with the accused.

Aggravated sexual assault also encompasses acts of sexual penetration when a defendant uses or threatens to use a weapon and sexual assault is committed with the assistance of another individual using physical force or coercion. Under New Jersey law, aggravated sexual assault is a crime in the first degree. There is no statute of limitations requiring victims to bring their claim of aggravated sexual assault.

What Happens When A Victim Is Incapacitated

In addition to forced or coerced sexual contact, sexual assault can include any sexual contact with an incapacitated person. The incapacity of a victim can result from:

  • Lack of mental ability to understand the nature of the sexual acts engaged
  • Physical incapacity to give consent to a sexual act
  • Being asleep during the sexual act
  • Being under the influence of alcohol, anesthesia or narcotics, such as date rape drugs
  • Inability to flee a situation

Understanding Sexual Assault Defense

Individuals accused of sexual and aggravated sexual assault can assert several defenses to the crime. Consent is the most common defense. If a defendant can prove the accuser was persuaded but not coerced into the sexual contact, sexual assault has not occurred.

In cases where a child is the victim of sexual assault, the defendant typically faces additional charges of other crimes, such as child molestation, luring or enticing a child, statutory rape and kidnapping. It is important to understand all the charges to provide the best available defense.

Given the severity of these crimes, individuals facing an indictment of sexual or aggravated sexual assault in New Jersey should seek the guidance of an experienced South Jersey criminal defense lawyer who can mount a vigorous defense to these charges.

How We Defend Against Sexual Assault Allegations

When facing charges of sexual and aggravated sexual assault, the dedicated South Jersey criminal defense lawyers at Agre & St. John will work tirelessly with accused individuals to provide aggressive defense to these crimes. We focus on the facts of your case and highlight the weaknesses in the prosecutions’ arguments. We are located in Haddonfield; schedule a confidential consultation, call us at 856-422-8364 or contact us online today.