Statutory Rape Charges in New Jersey: What You Need to Know

Being accused of statutory rape can be terrifying. Even if the sexual contact was consensual, simply being charged with this crime can ruin your reputation and future prospects. However, there are often good defenses available, and the law provides some protections in certain situations. This article will explain what constitutes statutory rape in New Jersey, potential penalties, possible defenses, and what to do if you are facing charges.

What is Statutory Rape in New Jersey?

New Jersey doesn’t actually have a specific crime called “statutory rape.” Instead, consensual sex with a minor falls under various sexual assault and abuse crimes. The main factors are the ages of the parties involved and their relationship to each other.

The age of consent in New Jersey is 16. That means anyone under 16 cannot legally consent to any sexual activity. If you engage in sexual contact with someone under 16, you could face criminal charges – even if the minor consented.

There are three main charges:

• Aggravated Sexual Assault – This is a first-degree felony if you have sexual penetration with someone under 13. It carries a penalty of 10-20 years in prison.
• Sexual Assault – A second-degree felony if you have sexual contact with someone 13-15 and you are at least 4 years older. Penalty is 5-10 years in prison. Also applies to penetration of a 13-15 year old if you are at least 4 years older.
• Criminal Sexual Contact – A fourth-degree felony for sexual contact with a 13-15 year old if you are at least 4 years older. Penalty up to 18 months in prison.

The law is meant to protect minors from sexual exploitation by adults. But sometimes well-meaning teens end up facing serious charges.

Romeo and Juliet Law in New Jersey

New Jersey has a “Romeo and Juliet law” that provides some protections for consensual sexual activity between teens. If the parties are within 4 years of age, the older teen generally won’t be prosecuted for statutory rape.

For example, a 17-year-old senior having sex with a 14-year-old freshman would not necessarily face charges. But a 19-year-old college student with a 15-year-old high schooler likely would.

The Romeo and Juliet law prevents high school sweethearts from being labeled as sex offenders. However, it is still a gray area of the law that should be approached with extreme caution.

Penalties for Statutory Rape

The penalties for statutory rape depend on the ages of the victim and defendant. In general:

• Aggravated sexual assault of a minor under 13 is a first-degree felony with a penalty of 10-20 years in prison and a fine up to $200,000.
• Sexual assault of a 13-15 year old by a defendant at least 4 years older is a second-degree felony with a penalty of 5-10 years in prison and a fine up to $150,000.
• Criminal sexual contact with a 13-15 year old by a defendant at least 4 years older is a fourth-degree felony with a penalty of up to 18 months in prison and a $10,000 fine.

In addition to incarceration, those convicted will likely have to register as sex offenders under Megan’s Law. This brings a whole host of restrictions including where you can live, work, and more. Statutory rape convictions can completely derail a person’s future prospects.

Possible Defenses

The strict liability nature of statutory rape charges makes defense tricky. However, an experienced criminal defense attorney may be able to get charges reduced or dismissed by:

• Challenging the credibility of the alleged victim or witnesses
• Disputing that sexual contact actually occurred
• Arguing the contact did not meet the definition of “sexual” under the law
• Asserting a Romeo and Juliet defense if the ages are close enough
• Claiming there is insufficient evidence to prove guilt beyond a reasonable doubt

In addition, if certain procedures were not properly followed in collecting evidence or conducting investigations, the case could potentially be dismissed. An attorney can analyze the details to identify any procedural flaws.