New Jersey Sexual Battery Laws

Sexual Battery in New Jersey refers to sex crimes not typically covered by rape statutes, such as unlawful sexual conduct. Sexual battery is often characterized as sexual touching or penetration without consent of the person. The mere touching of another person for the purpose of sexual gratification qualifies as sexual battery. Penetration does not have to occur, unlike a rape charge.

In New Jersey, sexual battery is codified in the law as second degree sexual assault. According to the laws of New Jersey, sexual battery occurs when one;

• Commits an act of sexual contact with a victim who is less than 13 years old and the actor is at least 4 years older than the victim.
  
  
• Aggravated criminal sexual contact if he commits an act of sexual contact with the victim AND
  • The victim is at least 13 but less than 16 years old; and
    • The actor is related to the victim by blood or affinity to the third degree, or
    • The actor has supervisory or disciplinary power over the victim by virtue of the actor's legal, professional, or occupational status, or
    • The actor is a resource family parent, a guardian, or stands in loco parentis within the household;
  • committed during the commission, or attempted commission, whether alone or with one or more other persons, of robbery, kidnapping, homicide, aggravated assault on another, burglary, arson or criminal escape;
  • armed with a weapon or any object fashioned in such a manner as to lead the victim to reasonably believe it to be a weapon and threatens by word or gesture to use the weapon or object;
  • aided or abetted by one or more other persons and the  actor uses physical force or coercion;
  • uses physical force or coercion and severe personal injury is sustained by the victim;
  • The victim is one whom the actor knew or should have known was physically helpless, mentally defective or mentally incapacitated.

Penalties for Sexual Battery in New Jersey 

The penalties for sexual battery have the following sentencing guidelines:

• 2nd Degree Sexual Assault: 5-10 years in prison
• Aggravated Sexual contact: 3-5 years in prison

Defense of a Sexual Battery in New Jersey 

The list of defenses for Sexual battery in New Jersey here is not exclusive, but are the most common defenses used, which include:

• Consent (Sexual battery of a minor cannot use consent defense, nor can consent be used if the victim lacked the capacity to do)
• Insufficient evidence of incident (lack of physical evidence, lack of eyewitnesses)
• Improper police procedure (illegal questioning, sloppy evidence handling)
• False allegations/credibility issues (“he said, she said”, jilted/angry partner)

Attempted Sexual Battery in New Jersey  

Attempted sexual battery occurs when the prosecution can prove that there was an intent by the defendant to place the victim in immediate threat and danger of sexual battery. If the prosecution can show a specific intent to commit a sexual battery, you can be found guilty. Common examples of this would be locking a victim in the bedroom for the purpose of sexual activity or drugging a victim with the intent of sexual contact.

When to Talk to a Lawyer 

If you are charged with a sexual battery, it is critical to speak with a lawyer immediately. Getting a lawyer on your case immediately will assure that your rights are protected, that any evidence that can help you is preserved and the police and prosecution follow proper protocol. Sexual battery charges are serious crimes that have life altering consequences, and you should have an experienced criminal defense lawyer who can help your defense.