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Is There a Crime for Statutory Rape in New Jersey?

Burlington County Statutory Rape Defense Lawyers

Most people associate statutory rape as sex with a minor or forced sex with a minor. Rape typically evokes force and violence, which is typical of sexual assault. However, statutory rape is not exclusively rape in the usual sense of forcible, nonconsensual sex. In fact, statutory rape is not a separate crime in New Jersey. It is the basis for many criminal sex acts, such as criminal sexual contact, aggravated sexual assault, sexual assault, and a charge typically accompanying sex crime charges, endangering the welfare of a child. Many sex crimes consider the age, relationship, and situation of the crime and include touching without the victim’s consent.

A Person Must be at Least 16 to Legally Consent to Sexual Contact under New Jersey Law

The victim’s age is crucial in determining whether they can consent to any sexual interaction, as well as the degree of the criminal offense that someone is charged with. For example, a minor is unable to consent to sexual activity with anyone in a caretaking responsibility over them, but a 16-year-old may legally consent to sexual contact.

Situations that can Lead to Statutory Rape Charges in NJ

Statutory rape occurs when a person commits an act of sexual penetration or sexual contact with a minor who is unable to consent to sexual activity, with certain exceptions. Penetration includes vaginal, oral, or anal sex. Sexual contact is the intentional touching of a victim’s intimate parts, whether that person is clothed or unclothed, or sexual contact of the accused’s body, for sexual gratification or victim humiliation and degradation.

Specific Offenses that Apply in Statutory Rape Cases in New Jersey

First Degree Statutory Rape Offenses

First degree aggravated sexual assault occurs when the victim is under 13, in a trust or dependent relationship with the defendant that would influence a young minor. The difference between first and second degree crimes for aggravated sexual assault versus sexual assault is the age of the victim and the severity of the physical injury. Thus, forcible and violent sexual assault of a 5, 6, or 7-year-old who is gravely injured is most likely to be charged as first degree aggravated sexual assault. 

Second Degree Statutory Rape Charges

Penalties are steeper when the victim is under 13. So, when a 12-year-old or younger child is the victim of sexual penetration or touching by a defendant four or more years older than they are, the crime is second degree sexual assault. Also, sexual penetration of a 13 to 15-year-old victim by an individual four or more years older than they are is a second degree crime, punishable by a hefty prison sentence. Furthermore, sexual penetration of a 16 to 17-year-old by a defendant who has authoritative control over, is related to, or takes on the role of a parent to the victim is a second degree crime. Also, endangering the welfare of a child is usually a second degree crime in statutory rape cases.

Third Degree Statutory Rape Crimes

Third degree aggravated criminal sexual contact is the crime when a defendant has sexual contact with a victim aged 13 to 15 years old, and the defendant has authoritative control, is related to the victim, or acts in the role of a parent to the minor.

Fourth Degree Charges for Statutory Rape

Criminal sexual contact is a fourth degree crime. It occurs when a 13 to 15-year-old is the victim of sexual contact by a defendant four or more years older than they are or by a defendant who has authority over the victim, is related to, or exercises a parental role over the minor.

How Bad is a Conviction for Statutory Rape in New Jersey?

First degree criminal convictions for aggravated sexual assault carry a sentence ranging from 25 years to life in prison and a maximum $200,000.00 fine. The less severe case of aggravated sexual assault may result in between 10 and 20 years of imprisonment. Second degree crimes are punishable by 5 to 10 years in prison and a maximum $150,000 fine, while third degree convictions carry a 3 to 5-year prison sentence and up to $15,000.00 in fines. Finally, a fourth degree criminal sentence carries up to 18 months in prison and a fine not to exceed $10,000.00.

Additional Sex Offender Registration Requirements for Statutory Rape Offenses in New Jersey

Convictions for sex crimes related to statutory rape may require an offender to register as a sex offender on New Jersey’s Sex Offender Registry. According to the governing New Jersey law, known as Megan’s Law, anyone convicted of aggravated sexual assault, aggravated criminal sexual contact, sexual assault, or criminal sexual contact must register.

What Can and Cannot be Used to Defend a Statutory Rape Case in NJ

Refuting statutory rape is somewhat similar to refuting any crime when there is a case of mistaken identity or the wrong defendant. The victim may also lie or mistake the defendant for someone else so that the acts that form the basis of the crime either do not exist or are not attributable to the defendant. However, a defendant may not claim they did not know the victim’s age, mistook the victim to be older, or the victim lied about their age.

In fact, the State vs. Saponaro case confirms that a mistake or ignorance of the victim’s age in a statutory rape case is not a defense to the crime. The defendant in this case appealed a Superior Court ruling convicting the defendant of sexual assault and child endangerment for having sex with a 13-year-old who solicited the defendant on a dating site. The defendant appealed the superior court’s denial of an interim motion to present the defense of a mistake of fact. The defendant claimed that the dating site required a credit card, the user to be 18, and the minor looked 18 and told the defendant he was 18.

The Appellate Court agreed with the convictions, stating that the legislature made age-related sex crimes strict liability, meaning the victim’s age and the sexual contact alone are enough to convict a defendant. The mistake defense is inconsistent with the legislative purpose to impose strict liability to protect children from sexual activity by those who would take advantage of them, such as older adults, trusted figures, and ones with authority over the minor victim. The defendant was 14 years older than the victim.

One notable defense that can be used in statutory rape cases is the close-in-age, or Romeo and Juliet exception, which allows defendants to escape conviction if they and the victim are teenagers close in age. The intention is to avoid prosecuting teenagers who are engaged in consensual sexual activity when they are fewer than four years apart. The teenagers must be minimally 13 and less than four years apart.

Let our Statutory Rape Defense Attorneys at Proetta, Oliver, & Fay Protect Your Rights in Mount Holly, NJ

Without a sound and compelling defense, a defendant is strictly liable and subject to harsh criminal penalties for statutory rape in New Jersey . Getting advice from an experienced criminal defense attorney who handles sex crime cases is highly advisable to help defend your case in court. Obtain a free consultation with a criminal defense lawyer at Proetta, Oliver, & Fay who is fully equipped to answer your questions about your statutory rape case and discuss potential defense approaches that we can use to reduce the charges and lessen the penalties or argue for an outright dismissal to get the charges dropped.

Our knowledgeable team of criminal attorneys defends clients charged with sex crimes throughout Burlington County, such as Evesham, Mount Laurel, Gloucester, Pemberton, Lumberton, Willingboro, Cinnaminson, and Florence. You can reach us anytime at 609-850-8284 or reach out to us on our website and a member of our team will get in touch with you shortly.