Sexual Assault

Sexual Assault

Sexual assault is a crime in New Jersey. It is also known as sexual battery or rape. The circumstances of the offense determine the level of the felony, which in turn determines the penalties that apply to the crime. When it comes to sexual assault, the law is equal for everyone in New Jersey.

Sexual assault is the act of compelling someone to engage in sexual intercourse against his/her will. This crime also includes circumstances when the victim is mentally incapable of giving consent to sex and statutory rapeSexual assault is broadly classified into two categories:

  1. Sexual Assault

Sexual assault occurs when:

  • The perpetrator used force or coercion, but the victim does not sustain severe injury.
  • The perpetrator was on probation or parole, or is detained in a hospital, prison or other institution and the perpetrator has supervisory or disciplinary power over the victim by virtue of the perpetrator’s legal, professional or occupational status.
  • The victim was at least 16 but less than 18 years old and the offender was in a position of power, such as a teacher or is a family member (including guardians) of the victim.
  • The victim was at least 13 but younger than 16 years old, and the defendant was at least four years older than the victim.


  1. Aggravated Sexual Assault–In New Jersey, aggravated sexual assault is the most serious of the sexual offenses. It is a crime of the first degree. The law requires proof that the defendant had a purpose to sexually arouse, degrade or humiliate the victim or to gratify the defendant. Aggravated sexual assault occurs when:
  • The victim is younger than 15 and the offender is in a position of power, such as a teacher, or is a family member (including guardians) of the victim.
  • The rape is committed during the commission (or attempted commission) of certain crimes, such as robbery or kidnapping.
  • The offender possessed (or reasonably seemed to possess) a deadly weapon.
  • The offender was aided by one or more other people.
  • Physical force used to commit the crime caused severe personal injury to the victim.
  • The perpetrator knew or should have known that the victim was physically or mentally incapable of understanding the nature of his conduct or given consent.

Types of Sexual Assault

Some of the different types of sexual assault are:

  • Child sexual abuse
  • Acquaintance/Date Rape
  • Stranger Assault
  • Incest
  • Intimate Partner Sexual Assault
  • Same Gender Assault
  • Sexual Harassment/Stalking
  • Sexual Exploitation by Professionals
  • Prostitution
  • Drug –Facilitated Sexual Assault
  • Indecent Exposure, Peeping, Hidden Cameras
  • Gang Rape
  • Child Pornography


  • Penalties for sexual assault depend on the circumstances of the crime. Sexual assault without any aggravating factors is a second degree crime, and incurs a fine of up to $150,000, up to ten years in prison, or both.
  • Penalties for aggravated sexual assault include a fine of up to $200,000, up to 20 years in prison, or both.

Sex Crime Offense Defense Lawyer

If you are facing a sexual assault charge, then consult our experienced criminal defense attorney. At The Law Offices of Joel Silberman, LLC, we have been fighting for sex crime offenders for many years. We develop defenses that can help your case. Call us at (201)-420-1913 . We can negotiate with the prosecutor for a lesser charge or a reduction in penalties. We serve throughout Jersey City and Newark in New Jersey.