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Rape Attorney in Bergen County

Criminal Defense Attorney for Rape Charges in New Jersey

The term "Rape" is now considered by many experts and by many states (including New Jersey) as an old fashioned and imprecise term. In 2012 the F.B.I., after using the term for 80 years, changed its definition of Rape and a number of States, including New Jersey, have over the years eliminated the term altogether. New Jersey's criminal code refers to various levels of " sexual assault" rather than rape.

What Is Rape?

The best way to understand Rape is to look at it as an unwanted bodily invasion that doesn't necessarily involve force. A bodily invasion can include unwanted oral sex, unwanted anal sex, and unwanted vaginal sex. It can also involve consensual sex with a minor which in New Jersey, in the context of a sexual assault, generally involves someone who is less than 16 years of age. This last situation is sometimes referred to as "Statutory Rape."

Under New Jersey law, sexual assault is "graded" based upon the severity of the offense. The sexual assault statute in New Jersey is N.J.S.A. 2C:14-2. There are 2 basic types of sexual assault under New Jersey law, " aggravated sexual assault" and " sexual assault." Both of these offenses fall under the more current definition of rape, namely an unwanted bodily invasion.

Aggravated Sexual Assault

Aggravated sexual assault is the most severe type of sexual offense in New Jersey. Aggravated sexual assault is a first-degree crime

Aggravated sexual assault includes an act of sexual penetration with another person under any one of the following circumstances:

  • The victim is less than 13 years of age;
  • The victim is at least 13 but less than 16 years old and certain other conditions exist such as a blood relative or supervisory power over the victim;
  • The act is committed during the commission, or attempted commission, whether alone or with one or more other persons, of robbery, kidnapping, homicide, aggravated assault on another, burglary, arson or criminal escape;
  • The actor is armed with a weapon or any object fashioned in such a manner as to lead the victim to reasonably believe it to be a weapon and threatens by word or gesture to use the weapon or object;
  • The actor is aided or abetted by one or more other persons and the actor uses physical force or coercion;
  • The actor uses physical force or coercion and severe personal injury is sustained by the victim;
  • The victim is one whom the actor knew or should have known was physically helpless, mentally incapacitated or had a mental disease or defect which rendered the victim temporarily or permanently incapable of understanding the nature of his conduct, including, but not limited to, being incapable of providing consent.

Sexual Assault

Sexual assault is a crime of the second-degree under New Jersey law. 

An actor is guilty of sexual assault if he commits an act of sexual penetration with another person under any one of the following circumstances:

  • The actor uses physical force or coercion, but the victim does not sustain severe personal injury;
  • The victim is on probation or parole or is detained in a hospital, prison, or other institution, and the actor has supervisory or disciplinary power over the victim by virtue of the actor's legal, professional, or occupational status;
  • The victim is at least 16 but less than 18 years old, and the actor is related to the victim or the actor has supervisory or disciplinary power over the victim;
  • The victim is at least 13 but less than 16 years old, and the actor is at least 4 years older than the victim.

Schedule Your Initial Consultation Today

The above is merely a simplified overview of sexual assault under New Jersey law. This outline of sexual assault should not be used as a guideline for sexual offenses under New Jersey law, nor should it be considered an exhaustive analysis of sexual assault under New Jersey law. If you have been charged with a sex crime in New Jersey or you are being investigated for a sex crime, and you need a strong criminal defense, Law Offices of Joseph R. Donahue, LLC can help.

Call us at (201) 574-7919, or contact our Ridgewood firm online to schedule a consultation.

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We always strive to put our clients in the best position possible, so our immediate goal is to obtain a case dismissal or acquittal. If this cannot be done, we seek to minimize the consequences by all legal means possible, perhaps by pursuing a plea agreement, which could include alternate sentencing that improves the impact on our client’s record. Our Bergen County criminal defense attorney is a resolute advocate who never hesitates to take a case to trial if we feel it is in the best interests of our client. No matter how complex your charges may be, we have the proven expertise and passion to help you achieve a positive outcome. Discover how we can help you today.