We Will Fight Statutory Rape Charges

Strictly speaking, New Jersey does not have a statutory rape charge. Instead, under N.J.S.A. 2C:14-2, you can be charged with aggravated sexual assault if you have sex with someone under the age of 16.

However, there are certain qualifications to keep in mind. First, the age of legal consent in New Jersey is 16. If you are an adult and you have sex with someone under the age of 16, you can be charged with statutory rape (aggravated sexual assault) if you are more than 4 years older than the victim. This means that if you are 20 or more years old and have sex with someone 15 years old, you will be charged with a felony. Under Megan’s Law, you will be required to register as a sex offender for the rest of your life. You will also be under parole supervision for the rest of your life. In many cases, however, adults don’t understand how the statutory law in New Jersey works.

If you’ve been charged with statutory rape due to a pregnancy, emails discovered by parents, or information given to the authorities by teachers or counselors, turn to our New Brunswick statutory rape defense attorney at Jack Venturi Law. We serve clients throughout Middlesex County.

Strict Liability And Statutory Rape In New Jersey

Statutory rape in New Jersey involves the doctrine of strict liability. In essence, the doctrine of strict liability means that, regardless of any extenuating circumstances, if you have sex with a minor, you will be held criminally liable. This means if the victim has a fake ID, a fake birth certificate, or reassures you that he or she is at least 16 years old, you can still be charged with statutory rape once it’s determined that the victim is, in fact, a minor.

This is particularly important in cases involving pregnancy – for instance, if you are 21 and have been dating someone you think is at least 18 years old based on her driver’s license only to find out that she’s really 15. The police and prosecutor may be aware of her fake ID and double life; even so, you’re still strictly liable under New Jersey’s aggravated sexual assault statute.

This is especially important to remember since police investigating charges of statutory rape will often ask the boyfriend or acquaintance to come in for “an interview.” Investigators won’t tell you that you are under suspicion for statutory rape. Instead, they will ask you if you had sex with the underage teen in question. Thinking she is of legal age, you might admit you did, claiming it was consensual. However, under the law, even if the sex was consensual, if she is under 16 years of age and you are more than 4 years older than her, you can be charged with statutory rape.

Fighting Statutory Rape Charges

Since school counselors are required by law to report cases involving statutory rape, it’s not uncommon for young men in college or in their early 20’s to suddenly find themselves facing a serious sex crime charge. Depending on the case, however, it may be possible to leverage certain extenuating circumstances in your favor to have the charges or sentence against you reduced. This is especially important since a reduction in charges may mean that you don’t have to register as a sex offender under Megan’s Law. It may also mean the difference between probation and prison time.

Statutory rape charges are a serious matter. If you have been charged with or are under investigation, consult with our New Brunswick statutory rape defense attorney today. Call 732-798-7002 or contact us online for a free consultation.