How Sex Crimes Can Impact Your Life in New Jersey

How Sex Crimes Can Impact Your Life in New Jersey

Investigation and Arrest

If you are accused of a sex crime in New Jersey, the process will likely start with an investigation by police. They may interview the alleged victim, witnesses, and you as part of building a case. If they feel they have probable cause, they can arrest you even before charges are filed. The trauma of being arrested, processed, and potentially held in jail can be extremely difficult emotionally and reputationally. Your mugshot and charges may be published in the media or online before you’ve had a chance to share your side. Even if the charges are eventually dropped, the arrest record can still impact your life.

Once arrested, the police will continue investigating and gathering evidence. They may search your home, car, electronic devices, financial records, etc. Any statements you make can be used against you, so it’s important to invoke your right to remain silent until you have legal counsel. Anything found through the investigation will become part of the case against you.

Bail and Pretrial Conditions

After arrest, you will go before a judge who decides bail conditions, including whether you can be released and if so, under what restrictions. Many judges view sex crimes as very serious, so bail is often set very high. You may need to pay 10% or more of the bail amount upfront in cash to be released, which can be extremely costly. If you can’t afford bail, you’ll remain in jail until your trial. Pretrial incarceration can result in loss of income, jobs, relationships, and other devastating consequences.

Even if you can afford bail, the judge will likely impose strict pretrial release conditions. These can include home detention, electronic monitoring, no contact with the alleged victim or minors, restricted computer/internet use, drug/alcohol testing, counseling, etc. Violating any of these can lead to bail revocation and pretrial jailing. These restrictions can make normal life extremely difficult.

Criminal Charges

Once arrested, the prosecutor will decide what criminal charges to file based on the police investigation. New Jersey law categorizes sex crimes into four types ranging from aggravated sexual assault (most serious) to criminal sexual contact (least serious). Charges are based on the nature of the alleged act, use of force or coercion, age of victim, your relationship to the victim, and other factors. You may face multiple charges with severe penalties.

Some common sex crimes charges in NJ include:

• Aggravated sexual assault – 1st degree crime, 10-20 years prison
• Sexual assault – 2nd degree, 5-10 years prison
• Criminal sexual contact – 3rd degree, 3-5 years prison
• Endangering the welfare of a child – 2nd degree, 5-10 years prison
• Lewdness – Disorderly persons offense, 6 months jail

The specific charges filed will determine the possible penalties if convicted. It’s critical to have an experienced sex crimes defense attorney review the charges and start building your defense.

Impact on Family

Being accused of a sex crime can devastate family relationships. Spouses may feel betrayed and lose trust. Children may be traumatized from seeing a parent arrested or not understanding the situation. Even if charges are eventually dropped, the damage to family bonds can be lasting.

If convicted, incarceration can separate you from family for months or years. Registries and probation restrictions make normal family life difficult. The stigma of a conviction can isolate family members from friends and community. Ongoing legal fees and lost income can strain finances. Families often need counseling to cope with the shame, grief, and trauma. Support from family is critical, but the pressure can damage relationships.

Bail, Legal Fees and Lost Income

The financial costs of a sex crime allegation can be extreme, even if you are never convicted. The bail amount set by the court may be tens of thousands of dollars to secure your pretrial release. If you use a bail bondsman, you’ll have to pay a non-refundable fee of usually 10% of the bail amount. Attorney fees to defend your case through trial can easily exceed $25,000 – $100,000+ depending on the complexity and number of charges.

Even if you can afford bail and legal fees, being arrested may also result in loss of your job and income while suspended or awaiting trial. The stigma of the charges may make employers unwilling to keep you on. Gaps in employment history can hurt future job prospects. Financial pressures compound the immense stress of facing criminal prosecution.

Immigration Consequences

If you are not a U.S. citizen, a sex crime arrest or conviction may negatively impact your immigration status. Aggravated felonies like rape or sexual abuse of a minor are deportable offenses. Even misdemeanor sex crimes may result in loss of lawful status. Detention by ICE after an arrest is possible. Consulting an immigration attorney is highly recommended to understand the potential effects on your residency and path to citizenship.

Stress, Mental Health, and Suicide Risk

The trauma of being accused of a sex crime you did not commit, arrested, prosecuted, and potentially incarcerated can be emotionally devastating. The life disruption, isolation, shame, and hopelessness pushes many to anxiety, depression, PTSD, thoughts of suicide, and emotional breakdown. Access to mental health care may be limited in jail. Therapeutic support is critical but the stigma around sex crime allegations prevents many from seeking help. Tragically, suicide rates are higher among those accused of sex offenses.

Probation and Parole

If convicted of a sex crime, probation or parole will likely be imposed following incarceration. Probation terms typically last at least 5 years but can extend to 15 years or life for certain offenses. Parole lasts the remainder of your original sentence. Both involve strict supervision and conditions such as therapy, polygraph testing, restricted internet/device use, registration, no contact with minors, drug tests, GPS monitoring, and more.

Violating any terms may result in re-incarceration or extended supervision. Meeting all the conditions while trying to rebuild your life is extremely difficult. Maintaining employment, housing, and relationships while on probation or parole for a sex crime conviction becomes very challenging.

Sex Offender Registration

Those convicted of sex crimes in New Jersey must register as sex offenders for 15 years to life, depending on the offense. Your name, photo, address, employer, and offense will be listed in a public online registry. You must keep this info updated with regular in-person registration. Failure to register properly is a 3rd or 2nd degree crime.

The public registry severely restricts housing and job options. Neighbors, employers, colleagues, and the community will know your criminal history. The stigma destroys normal social relationships. Many registered offenders experience harassment, threats, or assault. Maintaining anonymity and avoiding public shaming is almost impossible.

Residency Restrictions

New Jersey law prohibits registered sex offenders from living within 2,500 feet of any school, park, playground, daycare center, or other place where children gather. High density areas make finding compliant housing exceptionally difficult. Many towns have additional restrictions further limiting options.

This forces many to live far from families, services, and jobs. Transience, homelessness, and shelter reliance increase – undermining stability and rehabilitation. Those unable to find compliant housing may face re-incarceration. Lifelong housing insecurity becomes the norm for registered offenders.

Loss of Custody or Parental Rights

If convicted of a sex offense, loss of custody of your children is possible. Courts may determine children are at risk of abuse or harm in your care. Even unsupervised visitation may be denied. The trauma of losing your kids further isolates convicted offenders from normal social bonds.

Termination of parental rights is also possible after a conviction, permanently severing the legal parent-child relationship. Your child may be put up for adoption without your consent. This is an extreme outcome but does occur in some cases after severe sex crime convictions.