In New Jersey, the age of consent for sexual conduct is 16 years old. This applies to both heterosexual and homosexual conduct. As a general point, this means that a person who is 16 years old can typically consent to have sex with any adult, regardless of age.
Like most other states, New Jersey’s laws allow for consensual sex between minors below the age of consent if they are close to the same age.
In New Jersey, a person aged 13 or older can normally consent to have sex with anyone no more than four years older. Nobody under the age of 13 can lawfully consent to sex, regardless of the age of their partner.
What Is Rape?
Rape is a criminal act that is typically classified as a violent felony. Each state in the United States has regulations about rape that define the act, although the wording may differ slightly across the states.
Rape is illegal sexual intercourse without an individual’s permission, regardless of the victim’s gender. There are many different circumstances in which an individual may be charged with rape. These may include when an individual engages in sexual intercourse against another person’s will or without that person’s consent by using:
- Force;
- Violence;
- Duress;
- Menace;
- Fear; or
- Fraud;
Additionally:
- When an individual is too intoxicated to consent and another person engages in sexual conduct with them;
- When an individual engages in sexual conduct with another person who suffers from a mental or physical disability that stops them from being able to consent to the sexual conduct; and
- When an individual engages in sexual conduct with another person who is incapacitated, the victim is clueless that they are engaging in a sexual act. An example of this is an individual who is asleep.
What Are Some Different Categories of Rape?
Different kinds of rape may be categorized depending on the present factors, including the person’s age and relationship.
Different types of rape charges may include:
Statutory rape is unlawful sexual intercourse with an individual under the age of consent, regardless of whether or not the sexual act was consensual.
Date rape happens when illegal sexual intercourse is committed between the perpetrator and the victim during a social engagement. Date rape may also happen when a victim has been drugged and the perpetrator has sexual intercourse with them.
Marital rape is rape that happens in a marriage. This kind of rape happens when a spouse compels a sexual act on the other spouse without consent. Marital rape has not always been recognized as an infraction. Nevertheless, it is now considered a severe crime, and the defendant is not allowed to use marriage as a defense in a rape case.
It is necessary to remember that rape is a criminal act that may appear in many additional scenarios if the criteria are met, not just in the circumstances discussed above. In addition, some states separate rape into degrees based on the seriousness of the offense.
First-degree rape may include severe physical injuries and carries harsher punishments than second-degree rape. Second-degree rape may not involve any physical injuries beyond the incident itself.
What Is Statutory Rape?
Statutory rape happens when a person over the age of consent engages in sexual intercourse with someone under the statutory age of consent, also known as a minor. In most states, the age of consent has been arbitrarily set by statute. However, this age of consent ranges widely from state to state. Statutory rape is a strict liability crime, meaning that the consent of the younger individual or mistake about their age is not a defense.
What Happens After Someone Is Accused of Rape?
After a rape is reported to law enforcement, they will investigate the matter. If there is enough proof, the perpetrator will be charged with rape and arrested.
Depending on the circumstances of the case, bail may or may not be set. If the parties to the case do not reach a plea deal, then the case will proceed to trial.
To convict a defendant that is charged with rape, the prosecution carries the burden of proof beyond a reasonable doubt and must prove the following elements:
- The defendant was engaged in sexual acts or intercourse with the victim. It is essential to mention that full penetration of sexual intercourse is not needed for rape to have transpired;
- The sexual intercourse or sexual act was against the victim’s will or without their permission; and
- The defendant engaged in sexual intercourse or the sexual act through a show of force, brutality, coercion, threat, fear, or deception.
If the prosecution establishes these elements beyond a reasonable doubt and the defendant is convicted, the defendant will face severe penalties.
What Are Some Possible Consequences of Being Charged with Rape?
There are multiple consequences that an individual may encounter if they are charged with rape. The defendant may be facing felony conviction consequences if they are convicted of the crime.
In addition, the defendant may be required to register as a sex offender, which comes with many conditions and limitations that an individual will be required to satisfy for many years, possibly their entire lives. In addition, charges may cause individual problems at their place of employment or school.
What Are the Penalties for a Conviction of Rape?
Rape is a grave crime and, as noted above, is deemed a violent felony. Sentences for rape convictions differ by state and hinge on the facts and circumstances of each case. Nevertheless, a conviction may very likely result in incarceration for the defendant.
The length of time an individual is directed to serve in prison will hinge on the harshness of the crime and whether or not the defendant has any previous convictions for rape or other felonies. In some instances, a conviction for rape may result in a life sentence for the defendant, depending on the facts demonstrated at trial.
The potential penalties and incarceration time increase if the offense involves a minor or the violation resulted in the victim’s death. Some states demand a minimum prison sentence or may direct a court to impose a sentence that does not include probation or early parole.
In other states, the court may have discretion regarding the length of the defendant’s sentence. The court may also have control regarding whether or not the defendant can serve any part of their sentence on probation rather than in prison.
What Should You Do if You Were Raped?
If an individual is raped, they should contact law enforcement immediately and seek medical attention. Even if the person does not feel or see any symptoms of physical wounds, a medical assessment, including a rape kit, is required to gather evidence and prevent sexually transmitted diseases.
Penalties for Under-Age Sex in New Jersey
The sentences for violating New Jersey’s age of consent are relatively stiff but in line with most other states. The crime of aggravated sexual assault, which is sex with a person under the age of 13, carries a punishment of 10 to 20 years in prison.
Contacting a Criminal Defense Lawyer in New Jersey
If you have encountered a legal issue involving the age of consent laws in New Jersey, you should seek help from an experienced New Jersey criminal defense lawyer. Hiring a criminal defense lawyer is the first step toward resolving your legal issues. Use LegalMatch to set up a free consultation today.
