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What constitutes statutory rape in New Jersey?

March 21, 2024 Uncategorized

 

What Constitutes Statutory Rape in New Jersey?

Statutory rape laws in New Jersey can be pretty confusing and complicated, I get it. As a high school student myself, I wanted to write this article to help explain in simple terms what can get someone in trouble with the law when it comes to sex with minors in NJ. I’ll try to break it down and avoid too much legal jargon, so here we go!

The Age of Consent in New Jersey

Okay, first thing’s first – the age of consent in New Jersey is 16 years old. That means anyone 15 or younger cannot legally consent to having sex. So if your 17 and hook up with your 15-year-old girlfriend or boyfriend, your breaking the law, even if they said they wanted to.

I know, it seems kind of strict since lots of high school couples have a year or two difference. But those are the rules, and their designed to protect younger teens from being taken advantage of by older teens or adults.

What’s Considered Statutory Rape?

The actual law doesn’t use the term “statutory rape” – instead it refers to things like sexual assault, criminal sexual contact, etc. But basically any sexual contact between an adult (18 or older) and a minor under 16 is considered statutory rape.

It doesn’t matter if the minor agreed to it or not – legally they can’t consent, so it’s still a crime. The adult will get in trouble even if they claim the minor wanted it and consented.

Penalties and Punishments

The penalties for statutory rape in NJ can be pretty harsh:

  • Up to 5 years in prison
  • Fines up to $15,000
  • Having to register as a sex offender

That’s some serious stuff, especially having to register as a sex offender. That can really mess up someone’s future with things like getting a job, going to college, etc. The punishments are tough for a reason – to try and deter adults from taking advantage of minors.

Romeo and Juliet Laws

Okay, so what if your dating someone at school whos a year or two younger then you? That’s where New Jersey’s “Romeo and Juliet” laws come in. Basically, their designed to give some legal protection to consenting teens who are close in age.

If your between 13-15, you can legally consent to sex with someone less than 4 years older. So a 15 year old and an 18 year old would be okay. But once someone turns 16, the age gap doesn’t matter anymore – their considered able to consent with anyone.

Other Things to Know

Here’s some other quick facts about statutory rape in NJ:

  • Any sexual contact counts, not just intercourse
  • The adult can’t use the defense that the minor lied about their age
  • If the minor is under 13, the penalties are even more severe
  • Teachers and coaches can be charged even if the sex is consensual

I know this stuff isn’t the most fun to talk about, but it’s really important to understand statutory rape laws if your sexually active as a teen. Having sex can be an amazing experience, but you want it to be safe, legal, and with someone your own age. And never hesitate to reach out for help if you or someone you know if being abused or taken advantage of.

Hope this breakdown helps explain statutory rape laws in NJ! Let me know if you have any other questions.

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