Sexual Assault

Camden County NJ Sexual Assault Lawyer

Sex Crimes Defense Attorney in Cherry Hill, New Jersey

Sexual Assault Charges in South JerseySexual assault, often referred to as “rape,” is considered a particularly egregious crime in New Jersey. In fact, the State imposes strict sentencing guidelines in these cases, subjecting those convicted to mandatory sex offender registration under Megan’s Law, a period of parole ineligibility, life-long community supervision, and a prison sentence of up to 10 years. The legal consequences aside, people often fail to consider the catastrophically damaging implications of sexual assault allegations for those accused of these crimes. The stigma associated with being accused of a sex crime can permanently mar your relationships, your reputation, and your ability to pursue your best life. With no statute of limitations, sexual assault allegations from an alleged victim can arise at any time, affecting you decades down the road. If you are under investigation, brought in for questioning, or charged with sexual assault in New Jersey, it is imperative to have a knowledgeable legal advocate in your corner.

William Fay is a highly experienced criminal defense attorney who has dedicated his legal practice to protecting the rights of those charged with criminal offenses in the South Jersey area. With unparalleled skill and an unwavering commitment to his clients, Mr. Fay pursues every available option to achieve the best possible outcome. As a former Deputy for the New Jersey Attorney General’s Office, Mr, Fay gained the legal knowledge and trial prowess he now uses to win cases for his clients charged with crimes in the Camden County region. He frequently achieves dismissals and other favorable results for clients in Camden County and Gloucester County as well. To discuss your sexual assault case with Mr. Fay and find the answers you need, contact his offices today at 609-832-3202. Consultations are always provided free of charge.

Sexual Assault Charges in New Jersey

The New Jersey Criminal Code addresses sexual assault charges in section N.J.S.A. 2C:14-2, which states the following:

An actor is guilty of sexual assault if he commits an act of sexual contact with a victim who is less than 13 years old and the actor is at least four years older than the victim. Additionally, an actor is guilty of sexual assault if he commits an act of sexual penetration with another person under any one of the following circumstances:

(1) The actor uses physical force or coercion, but the victim does not sustain severe personal injury;

(2) The victim is on probation or parole, or is detained in a hospital, prison or other institution and the actor has supervisory or disciplinary power over the victim by virtue of the actor’s legal, professional or occupational status;

(3) The victim is at least 16 but less than 18 years old and:

  • The actor is related to the victim by blood or affinity to the third degree;
  • The actor has supervisory or disciplinary power of any nature or in any capacity over the victim; or
  • The actor is a resource family parent, a guardian, or stands in loco parentis within the household; or

(4) The victim is at least 13 but less than 16 years old and the actor is at least four years older than the victim.

New Jersey Sexual Assault Offense Key Definitions

There are several terms that are integral to the accurate definition and understanding of sexual assault charges in New Jersey. First, sexual contact is defined as “any intentional touching by the victim or defendant, either directly or through clothing, of the victim’s or defendant’s intimate parts for the purpose of degrading or humiliating the victim or sexually arousing or sexually gratifying the defendant. Sexual contact of the defendant with himself must be in view of the victim whom the actor knows to be present.” Second, sexual penetration refers to “vaginal intercourse, cunnilingus, fellatio or anal intercourse between persons or insertion of the hand, finger, or object into the anus or vagina either by the defendant on the defendant’s instruction.”

Sexual Assault Consequences You Face when Charged in Camden NJ

Sexual assault is classified as a second degree crime in New Jersey. Second degree crimes are punishable by a New Jersey State Prison sentence ranging from 5 to 10 years, as well as a fine of up to $150,000. Sexual assault is also among the crimes enumerated under the No Early Release Act (NERA), which requires the defendant to serve 85 percent of the sentence imposed before becoming eligible for parole. In addition to these penalties, defendants convicted of sexual assault are required to register as sex offenders under New Jersey’s Megan’s Law.

Importance of Age & Consent in Sexual Assault Cases

Notice that the alleged victim’s age is a key element in a sexual assault case. This is because New Jersey has strict laws about the age of consent, who can legally consent to engage in any sexual act, and what circumstances constitute a crime as opposed to a relationship. Many sexual assault cases actually occur between two people who know each other and have some form of relationship. In other words, sex crimes can, but do not always arise between perfect strangers. According to NJ state policy about consenting to intimate relations, a person under the age of 13 cannot legally consent under any circumstances. In addition, individuals who are between the ages of 13 and 16 cannot consent with others who are at least 4 years their senior. 

Age, coupled with specific circumstances, also precludes consenting between parties. For example, if the alleged victim is at least 16, but not yet 18, and the person charged with sexual assault is related to them genetically or by third degree affinity, then the alleged victim cannot be considered consenting. Third degree relational affinity can often refer to children brought together by marriage as opposed to having the same set of genetic parents. It also refers to step parents and their step children, as well as children who have been adopted into new families and thus become a child, brother, or sister by way of adoption.

Sexual acts with those in the 16 to 18 age range also become elevated to crimes when the individual accused has a disciplinary or supervisory role in relation to the victim. For example, teachers, coaches, corrections officers, and the like meet this definition by their occupational, professional, or legal status. Similarly, legal guardians, foster parents, and others who operate in the parental role may be charged with sexual assault if the victim is not yet 18 and in their care.

Lastly, victims of sexual assault may also be those who cannot understand, decide, or physically demonstrate consent due to physical or mental incapacitation. Developmentally disabled individuals, those with physical disabilities, and anyone who is incapable of consenting due to alcohol or drugs, whether they are completely or partially unaware or unable to comprehend and consent, are also considered victims under New Jersey sexual assault and consent laws.

Contact an Evesham NJ Sexual Assault Attorney for Immediate Assistance

If you or someone you love has been charged with sexual assault or another sex crime in Camden County or elsewhere in Southern New Jersey, your reputation, your freedom, and your future are on the line. Sexual assault crimes and consent are often cloudy issues, particularly when the allegations are made by someone who may regret their decision upon further reflection. In other cases, revenge plays a role. Still in others, the state believes that the alleged victim is protecting their abuser.With the undoubtedly complex nature of these allegations, it is imperative to have a highly experienced sexual assault defense lawyer who knows how to examine all of the facts and circumstances of your case. Uncovering facts that simply don’t add up, baseless reasons for prosecution, and evidentiary issues that may be called upon to show that your rights were violated in the course of the investigation, can all be used to deliver the best results. Overall, it is crucial to protect yourself throughout the investigation and prosecution of sexual assault; you simply cannot risk a negative result. Contact our Camden County defense firm at 609-832-3202 for immediate assistance and a free consultation.

Testimonials

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"Excellent criminal defense lawyer"

"William handled a matter for me and exceeded my expectations. He was excellent in all areas of the law and achieved an outstanding result. Best of all,he demonstrates honesty and integrity. I would highly recommend William and already have."

Wayne

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"Amazing!!!"

"I was so scared and nervous about my legal situation but Mr. Fay did an outstanding job with my case!!! I was so relieved with the outcome and he worked so hard for me! He was so calm and understanding and I’m so grateful for him. Thank you so very much for helping me! I am so grateful appreciative."

Jessica

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"All Charges Dropped & Expunged"

"William defended me in my marijuana + paraphernalia case, he had all charges dropped and expunged! Despite the fact I was long past conditional discharges/probation, etc. He has a sharp wit and a bright future ahead of him as an attorney. Thanks again Will!"

Andrew

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"Fantastic Lawyer"

"Mr. Fay is a fantastic lawyer. He helped me during a very stressful time in my life. He was knowledgeable about my case and what my options were. He answered all my questions and was very reassuring. He was there waiting for me at the entrance on my court date and made me feel at ease. He worked with the prosecutor to reduce my charges. I got the best outcome I could have hoped for. I highly recommend Mr. Fay if you need a lawyer."

Eric

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"Marijuana Charges"

"I was arrested and summoned to court for possession of marijuana, even though I didn't have any on me. It was my first time getting in trouble and I was terrified and nervous. Mr. Fay came into court prepared and was extremely assuring. He made it very clear that he was going to fight for my case until the very end. He was extremely knowledgable about my case and the ways to resolve it. I would recommend Mr. Fay to anyone who has gotten into trouble."

former client

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"Excellent lawyer. Highly recommended."

"Mr. Fay is extremely caring and knowledgeable. He took the time to explain the entire process in a very clear manner and was a tremendous help during a stressful time. He was always available to take a phone call and really showed that he cared about me and my case. I highly recommend Mr. Fay as an attorney." "

former client

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"Highly recommend"

"Great lawyer. Created a best possible outcome for my case."

former client

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"Amazing job, explains very clearly"

"He did a fantastic job on my case, making my penalty much less than I thought it could possibly be. He clearly understands what he is doing and can explain everything in a way that anyone can understand. Any questions I had were answered very clearly and he listened to all small details of my case."

former client

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