Aggravated sexual assault cases frequently involve factual scenarios where an alleged victim, a suspect, or both parties were under the effects of drugs or alcohol at the time of the purported crime. In such cases, a defense attorney can raise questions about consent or the defendant’s criminal intent.
Aggravated Sexual Assault Under New Jersey Law
Under N.J.S.A. 2C:14-2, a person commits aggravated sexual assault if they engage in sexual penetration with another person under any of the following circumstances:
- The victim is under 13
- The victim is at least 13 but younger than 16, and the perpetrator is related to the victim by blood or affinity to the third degree, has supervisor/disciplinary power over the victim due to the perpetrator’s occupation, or is a resource parent, a guardian, or stands in loco parentis within the victim’s household
- The act occurs during the commission or attempt of robbery, carjacking, kidnapping, homicide, aggravated assault of the victim or another person, burglary, arson, or criminal escape
- The perpetrator has a weapon or another object that the victim believes to be a weapon, and the perpetrator threatens by word or gesture to use the object
- The perpetrator has the assistance of one or more persons and commits the act using coercion or without the victim’s consent
- The perpetrator commits the act without the victim’s consent, and the victim suffers severe injuries
- The perpetrator knew or should have known that the victim was physically helpless, incapacitated, intellectually/mentally incapacitated, or had a mental disease or defect that rendered the victim temporarily or permanently incapable of understanding the nature of the act or providing or refusing consent
How Alcohol or Drugs Affect Assault Cases
In many sexual assault cases, either the perpetrator or the victim (or both) consumed alcohol or drugs before the alleged assault occurred. As a result, alcohol and drug intoxication can play a significant role in a sexual assault case. For example, when the victim suffers from alcohol or drug intoxication, that intoxication may render the victim temporarily incapable of providing valid consent to an act of sexual penetration. When a person knows or should know that another individual suffered from incapacitation due to alcohol or drug intoxication and proceeds with an act of sexual penetration with that individual, the person may face an aggravated sexual assault charge under New Jersey law.
When a person suffers from alcohol or drug intoxication and proceeds to engage in an act of sexual penetration with another person under circumstances that may constitute aggravated sexual assault in New Jersey, that person may try to use their intoxication as a defense against criminal liability for an aggravated sexual assault charge.
Unfortunately, the law does not recognize a specific blood alcohol content or degree of drug intoxication that represents a threshold after which a person can no longer consent to sexual activity. As a result, juries must evaluate a victim’s or defendant’s intoxication on a case-by-case basis to determine issues such as the victim’s ability to consent or the defendant’s ability to appreciate the nature of their actions.
Challenges of Using Intoxication as a Defense
In New Jersey, a defendant may assert intoxication as a defense in limited circumstances. Under an involuntary intoxication defense, a defendant must prove that they consumed alcohol or drugs without their knowledge and that the resulting intoxication impaired their mental capacity to appreciate the nature of their actions.
Conversely, New Jersey law usually does not recognize voluntary intoxication – when a person knowingly consumes a sufficient quantity of drugs or alcohol to become intoxicated – as a defense to criminal charges unless the person suffered from intoxication to such a degree that they could not form the criminal intent required by the charged offense.
Alcohol or Drug Use in the Context of the Accuser
When an alleged victim engaged in alcohol or drug use before a purported incident of aggravated sexual assault, the victim’s intoxication may create challenges for the prosecution’s case. For example, the victim’s intoxication may result in them becoming unable to recall various details of the alleged assault, or they may later add details to their account as they piece together what happened, which can make the victim seem less credible to a jury. Furthermore, the victim’s intoxication may give the defendant grounds to claim that the victim validly consented to an act of sexual penetration.
Gathering Evidence in Aggravated Sexual Assault Cases
Building an effective defense strategy in an aggravated sexual assault case may involve various kinds of evidence, such as:
- Eyewitness testimony
- Forensic evidence, such as fingerprints, DNA, or medical records
- Social media posts
- Surveillance video
- Private messages between the parties
Potential Legal Outcomes
Facing prosecution for aggravated sexual assault may lead to various legal outcomes. First, you may pursue a dismissal or acquittal of sexual assault charges by pursuing various legal and factual defenses, such as:
- Consent: A defendant may assert that an alleged victim gave knowing, valid consent to the act of sexual penetration.
- Intoxication: A defendant may claim that they experienced involuntary intoxication or that their voluntary intoxication negated an element of the aggravated sexual assault offense.
- Lack of aggravating factors: Defendants may argue that the prosecution’s case fails to prove aggravating factors under the criminal statute apply.
- Mistaken identity/alibi: A defendant may deny having committed a sexual assault by challenging the victim’s or an eyewitness’s identification of the defendant or presenting alibi evidence to prove they were elsewhere when the alleged assault occurred.
- Unreliable forensic evidence: Defendants can challenge the reliability of forensic evidence linking them to the alleged assault, such as DNA or fingerprints, by highlighting deficiencies in the prosecution’s forensic testing.
- Unlawfully obtained evidence or statements: A defendant may seek to exclude evidence from the prosecution’s case by arguing that police obtained evidence or statements from the defendant through an unlawful search or interrogation.
In some cases, you or your criminal defense attorney may negotiate with the prosecution to obtain a reduction of your sexual assault charge to a far less serious offense, such as harassment or criminal restraint, which may allow you to avoid catastrophic consequences of a sexual assault conviction like sex offender registration requirements. Prosecutors may negotiate a reduced charge if they have a less-than-solid case against a defendant or when a defendant’s mitigating factors weigh in favor of a reduced charge.
Finally, you may face a conviction if you agree to plead guilty or if the jury returns a guilty verdict at trial. New Jersey grades aggravated sexual assault as a first-degree crime (felony). Aggravated sexual assault penalties under New Jersey law may include:
- A prison term of 25 years to life with 25 years of parole ineligibility
- Up to $200,000 in fines
- Restitution (reimburses the victim for financial losses caused by the defendant’s crime)
- Court fees
A person convicted of aggravated sexual assault will also have a lifetime sex offender registration requirement.
Steps to Take If You’re Facing Charges
When the police have arrested and charged you with aggravated sexual assault, steps you can take to put yourself in the best position to defend yourself against your charges include:
- Exercise your right to remain silent and decline to answer questions about your charges or sit for an interrogation.
- Gather relevant evidence for your case, such as eyewitnesses, alibi evidence, or social media posts.
- Request any relevant medical records, such as toxicology reports.
- Avoid approaching or contacting the victim.
- Talk to a sexual assault defense attorney as soon as possible to learn more about how alcohol or drug abuse may affect your legal options for pursuing a defense against aggravated sexual assault charges.
Why You Need an Experienced Criminal Defense Attorney
An experienced Freehold sexual assault defense lawyer Law can protect your rights while seeking the best outcome in your case. Our firm has a proven track record defending clients against sexual assault charges, including getting an aggravated sexual assault charge carrying a 25-year sentence reduced to a criminal restraint charge that resulted in a two-year probation sentence and having a sexual assault charge downgraded to harassment. As one client, Chris, said of Attorney Keith Oliver:
“Keith Oliver was the best lawyer that could’ve handled my case. He was very understanding of my situation from the beginning and helped to keep me cool, calm, and relaxed. Although the charges I was facing were very serious and scary to think about, Keith put his best foot forward and made sure everything worked out the best extent. Couldn’t have hired anyone that would’ve exceeded my expectations such as Keith Oliver. He will help you and will keep your family calm throughout the process as a lot of nerves tend to take over the best of us. All in all, if there were 100 stars he could’ve gotten on this review, he would deserve every single one and more. Seriously the best lawyer around. Don’t think twice about hiring him. If you feel worried, uncomfortable, anxious, nervous, or intimidated by your charges, talk to Keith and he will find a way. Thank you Keith for all of your amazing work that helped me and my family get through this difficult time. We all appreciate your hard work and constant contact with us to make sure we felt comfortable at all times. Truly a blessing from God!!”
If you’ve been charged with sexual assault in a case involving alcohol or drugs, you need dedicated legal representation to protect your rights, reputation, and future. Contact Keith Oliver Criminal Law today for a confidential consultation with a Freehold sexual assault defense lawyer to discuss your legal options.