Parsippany Rape Lawyer

Rape Charges in New Jersey - N.J.S. 2C:14-2

If you've been charged with rape, you know that allegations of a sex crime can ruin your reputation in an instant. Even with no prior criminal record, a rape accusation could destroy the way your co-workers, friends, family, and other acquaintances perceive you – even for the rest of your life.

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Rape is a form categorized as a form of sexual assault. It may be committed against another person by physical force, by threat, or with an individual who is unable to give legitimate consent. The term "consent" varies, but the United States considers anyone under the "age of consent" (typically 18 years old) unable to give valid consent.

Penalties for Rape

In some states, including New Jersey, rape is referred to as "first degree sexual assault." Individuals convicted of rape face a variety of consequences and legal penalties.

  • 1st degree rape is punishable by 10-20 years in prison
  • 2nd degree aggravated rape is punishable by 5-10 years in prison
  • 3rd degree aggravated rape is punishable by 3-5 years of incarceration
  • 4th degree rape may be sentenced to 18 months of incarceration

Date Rape

"Date rape" refers to a non-domestic rape committed by an individual who is already acquainted with the victim. By far, the vast majority of rapes reported in the United States fall into this category. Date rapes usually occur between people with some kind of social association. For instance, date rape may occur between individuals who have had consensual sex in a past dating relationship, who are friends, or just acquaintances.

Many times, date rape involves co-workers, classmates, or other acquaintances. In the United States, date rate is considered one of the most unreported crimes on college and university campuses.

Statutory Rape

Statutory rape refers to sexual activities in which one of the individual is below the age of consent. In the United States, the age of consent varies from state to state, but is always 16, 17, or 18 years old. In New Jersey, the age of consent is 16 years old. However, if the victim is less than 18 years old and the partner is a parent, guardian or other close family member with authority (such as a teacher or care provider), the assailant may be charged with rape.

In all other situations, New Jersey law upholds that individuals 16 years or older have reached the age of consent. Most states avoid complication by enacting "Romeo and Juliet" laws, which attempt to avoid pressing charges against young couples engaging in consensual sexual conduct.

Defense Against Rape Allegations in Morris County, NJ

Rape charges carry severe penalties that can include lengthy jail time, expensive fines and registration as a sex offender for life. Sex crimes carry some of the most extreme consequences in the criminal justice system. That is why it is so important to have an experienced attorney by your side that can aggressively defend you at trial. In some cases, rape charges are brought against an individual when forensic evidence is used against them.

The Law Offices of Christopher G. Porreca, P.C. has handled many cases that involved forensic evidence that had been improperly handled and we are able to detect any sign potential lab errors, problems with the chain of custody of evidence, or other issue that could be an advantage for my clients. In addition, law enforcement is in no way infallible, and they often make mistakes when making arrests and attempting to charge individuals with rape. Contact my firm today to learn more about your defense options.

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