Aggravated sexual assault is one of the most serious criminal charges in the New Jersey criminal justice system, but a charge of aggravated sexual assault of a child can result in even more severe penalties. The age of the victim can be the deciding factor in whether a person is charged with sexual assault or aggravated sexual assault and with the length of any prison sentence issued upon conviction.
Aggravated Sexual Assault Under New Jersey Law
What is aggravated sexual assault of a child? It is a sexual assault that is made worse by some aggravating factor, including the age of the victim.
New Jersey law defines sexual assault as:
- Using coercion or physical force to sexually penetrate someone without their consent
- Sexually penetrating someone who is at least 16 but less than 18 years old when you are related to them or in a parental role or otherwise in authority over them
- Sexually penetrating someone who is at least 13 but less than 16, regardless of your relationship with them
In New Jersey, sexual assault is a crime of the second degree. Aggravated sexual assault is a more serious crime, with aggravating factors such as:
- The victim is less than 13 years old
- The victim is at least 13 but less than 16 when you are related to them or in a parental role or have authority over them
- The victim was assaulted during the commission of other crimes
- The attacker had a dangerous weapon
- Someone else aided or abetted the assault
- The victim was mentally incapacitated or physically helpless, and the attacker was aware of this fact when committing a sexual act
- The attacker inflicted severe bodily injury on the victim
Aggravated sexual assault is a crime of the first degree in New Jersey.
Role of the Victim’s Age in Determining Charges
According to the Bureau of Justice, young people, in general, are especially vulnerable to violent crimes of all kinds. For example, over 52 percent of rape or sexual assault victims are females below 25 years old. The victim’s age is often the determining factor in whether prosecutors charge a person with sexual assault or aggravated sexual assault. For instance, if a sexual assault victim is under 13, the charge is aggravated sexual assault. If the victim is 14 but the alleged attacker is a parent or stepparent, the charge is aggravated sexual assault. However, if the victim is 16 under the same circumstances, the charge is sexual assault rather than aggravated sexual assault. The age of the victim determines the severity of a sexual assault charge because society severely condemns crimes against children.
Potential Penalties for Aggravated Sexual Assault
The potential penalties for aggravated sexual assault in New Jersey are severe. As a first-degree crime, aggravated sexual assault is punishable by 10 to 20 years in prison, but the sentence can be even more severe depending on the circumstances. According to the Manual on New Jersey Sentencing Law, a conviction for aggravated sexual assault when the victim was under age 13 carries a sentence of 25 years to life, with no possibility of parole for 25 years. If you’ve been charged with aggravated sexual assault of a child, you need a vigorous defense to avoid these severe penalties.
Common Defenses in Cases Involving Minor Victims
Common defense strategies used in cases involving minor victims include:
- Alibi – If you can prove that you cannot have committed the offense because you were somewhere else at the time, then this is the strongest possible defense to a sexual assault charge.
- Misidentification – It is not as easy to remember another person’s face as prosecutors want the jury to believe. If you can provide evidence that the victim misidentified you as the attacker, you may be able to convince the jury that you were not the person who committed the crime.
- False accusation – This defense is most common when the sexual assault charges occur in the context of a bitter custody dispute, and there is a possibility that an ex has pressured a child to make false accusations against the other parent.
Consent is not a defense against charges of aggravated sexual assault if the victim is a child. By definition, children cannot consent to sexual contact because they do not have the capacity to do so.
Impact of Age on Plea Bargains and Trial Strategies
The age of the victim can impact the possibility of a plea bargain in an aggravated sexual assault case. According to the Manual on New Jersey Sentencing Law, the penalty for aggravated sexual assault goes up to 25 years to life if the victim is under 13. However, after consulting with the victim, a prosecutor may offer a sentence of 15 years with no parole as part of a plea bargain.
The victim’s age also impacts the trial strategy your criminal defense lawyer will use. Juries typically see younger victims as especially vulnerable and may be more likely to assume that the accused is guilty despite the principle of “innocent until proven guilty.” Your attorney will need to overcome this assumption to defend you effectively.
How Keith Oliver Can Help You Navigate Complex Cases
If you’ve been charged with aggravated sexual assault of a child in New Jersey, you face the possibility of a lengthy prison sentence. Spending years in prison is a terrifying prospect for anyone, but your best chance to avoid that outcome is to hire an experienced criminal defense lawyer.
Keith Oliver Criminal Law is a New Jersey criminal defense firm with a track record of winning dismissals and acquittals on many criminal charges, including aggravated sexual assault. We will use our top-notch investigative and strategic skills to give you the strongest possible defense against your charges.
Our New Jersey criminal defense lawyers know how to aggressively defend you against these charges and get the best results possible in your situation. We take pride in our ability to help our clients navigate complex and challenging cases. We offer a free case review to help you understand the charges and your best options under the circumstances. Contact Keith Oliver Criminal Law today to get the vigorous defense you need.
