New Jersey Section 2C:14-2 – Sexual assault.

New Jersey Sexual Assault Laws – What You Need to Know

New Jersey’s sexual assault laws can be found in Section 2C:14-2 of the New Jersey Code of Criminal Justice. This section covers various degrees of sexual assault crimes ranging from groping to rape. It’s important for New Jersey residents to understand these laws, so let’s break them down.

Aggravated Sexual Assault

Aggravated sexual assault is the most serious sexual assault charge in NJ. It happens when an attacker commits an act of sexual penetration with a victim under age 13, or uses physical force or coercion and severe personal injury occurs. Penalties include 10-20 years in prison.

This charge is used in violent rape cases that involve weapons, multiple attackers, or very young victims. The “personal injury” part covers things like broken bones, concussions, stab wounds – really serious bodily harm.

Sexual Assault

The next level down from aggravated sexual assault is regular sexual assault. This applies when an attacker uses physical force or coercion to sexually penetrate a victim age 13 or older.

It also covers if the victim is mentally defective, mentally incapacitated, or physically helpless. The penalty is 5-10 years imprisonment.

Aggravated Criminal Sexual Contact

Aggravated criminal sexual contact happens when an attacker commits an act of sexual contact (not penetration) using physical force or coercion.

This includes fondling, groping, etc. Penalties include 3-5 years in prison. The “aggravated” part refers to the use of force – similar to aggravated assault vs regular assault.

Criminal Sexual Contact

Criminal sexual contact is a 4th degree crime in NJ covering nonconsensual sexual touching without force. For example, groping someone on a dance floor or bus.

It also covers situations where the victim is mentally incapacitated, physically helpless, or under age 13. The penalty is up to 18 months in jail.

Lewdness

Lewdness is a disorderly persons offense in New Jersey, and covers obscene or indecent exposure/conduct. For example, public masturbation, mooning, flashing breasts, etc.

The penalty is up to 6 months in jail. While lewdness seems “less severe” than assault, it still causes trauma and should be taken seriously.

Key Defenses

Some common defenses to sexual assault charges include:

• Consent – The contact was consensual. This must be proven with evidence.
• Mistaken identity – The defendant is not the person who committed the assault.
• Intoxication – The defendant was too intoxicated to knowingly commit the crime. However, this is rarely an effective defense.
• Mental illness – The defendant has a mental illness that impacted their actions or understanding of events.

Related Laws

New Jersey also has other laws related to sexual misconduct:

• Human Trafficking – Forcing someone into sex work or labor.
• Criminal Sexual Conduct – When an attacker has supervisory power over a victim, like a coach/athlete or teacher/student.
• Endangering the Welfare of Children – Sexual contact with a minor.
• Lewd Texts/Photos with a Minor – Sending or asking for sexually explicit materials from someone under 18.

Impact on Victims

Sexual assault can profoundly impact victims, causing long-term physical, emotional and psychological trauma. Recovering from an attack takes time and support.

Many victims experience PTSD, depression, anxiety. They may self-harm or struggle with substance abuse. Intimate relationships can become difficult. Counseling and therapy are crucial.

Changing Attitudes

The “Me Too” movement has drawn attention to just how prevalent sexual assault and misconduct are in our society. This has sparked some changes, like more accountability for powerful figures abusing positions of authority.

However, victim-blaming, shaming and disbelief are still common. We need to keep shifting attitudes and norms around consent, empathy, and healthy sexuality. Prevention through education and bystander intervention training make a huge difference.

Conclusion

I hope this overview of New Jersey’s sexual assault laws provides useful information to residents. It’s a difficult but important topic. The laws aim to punish offenders and get justice for victims. But better enforcement and cultural change are still needed to reduce these crimes.

If you or someone you know has been sexually assaulted, please reach out to organizations like NJCASA or the National Sexual Assault Hotline for help and support. You deserve to heal.