New Jersey Section 2C:14-5 – Provisions generally applicable to Chapter 14

Understanding New Jersey’s Sex Crime Laws: Section 2C:14-5

New Jersey’s laws regarding sex crimes can be complex and confusing. Section 2C:14-5 of the New Jersey Code of Criminal Justice outlines some key provisions that apply generally to Chapter 14, which covers sexual offenses. Let’s break down what this section means in simple terms.

No Presumptions Based on Age, Impotency, or Marriage

Section 2C:14-5(b) states that no one accused of a sex crime under Chapter 14 can be presumed incapable of committing the crime because of their age, impotency, or marriage to the victim[1].

In other words, just because someone is underage, impotent, or married to the victim does not automatically mean they cannot be charged with a sex crime. The law does not make any assumptions here.

No Need to Show Resistance

Section 2C:14-5(a) says that to prove a sex offense occurred, the prosecution does not need to show that the victim resisted or was prevented from resisting[1].

Many people assume a victim has to resist or be unable to resist during an assault. But New Jersey law is clear – resistance or lack of resistance does not determine whether a sex crime took place.

Time Limit for Charges

While there is no statute of limitations for charges like aggravated sexual assault, sexual assault, and aggravated criminal sexual contact, other sex offenses under Chapter 14 must be prosecuted within 5 years[2].

So for crimes like criminal sexual contact or lewdness, charges must be filed within 5 years of the incident. But more serious sex felonies can be prosecuted at any time.

Sentencing Guidelines

Those convicted under Chapter 14 may face fines, probation, and imprisonment. Section 2C:14-6 covers sentencing guidelines for different sex crimes[4].

Prison terms can range from 18 months for a 4th degree offense up to 20 years or more for a 1st degree crime. Fines up to $200,000 may also be imposed.

Victim’s Sexual History Not Admissible

In a trial for sexual assault, the victim’s past sexual conduct or manner of dress cannot be brought up or used as evidence, per Section 2C:14-7[5].

New Jersey has “rape shield laws” to prevent putting victims on trial for their sexual history or choices. Only very limited exceptions can allow this type of questioning.

Takeaways

The key points to remember about New Jersey’s Section 2C:14-5 on sex crimes: no assumptions based on age/impotency/marriage, no need to prove resistance, no spousal immunity, 5 year limit for some charges, specific definitions, sentencing guidelines, and restrictions on victim’s sexual history.

Understanding the laws on sexual violence can help victims get justice and prevent these harmful acts. If you or someone you know has been affected by sexual assault, help is available 24/7 through the New Jersey Coalition Against Sexual Assault.