Sexual Assault Laws in New Jersey

Rape is called sexual assault in New Jersey. Sexual assault (sexual penetration using coercion or without the victim's affirmative and freely-given permission, without severe injury, and listed abuse-of-authority situations such as a victim on probation or parole or in an institution) is a crime of the second degree (5-10 years, up to $150,000). Aggravated sexual assault (penetration during a robbery, kidnapping or other listed crime, while armed, with help from others, causing severe personal injury, or with a victim the actor knew or should have known was physically helpless or mentally incapacitated) is a crime of the first degree (10-20 years, up to $200,000). Criminal sexual contact (intentional touching of intimate parts in the same circumstances) is a fourth-degree crime (up to 18 months), or third degree (3-5 years) when aggravated. For sex with minors under the age of consent, see the age-of-consent page.

New Jersey's rule on court-appointed lawyers: The Office of the Public Defender represents, without expense, an 'indigent defendant' — a person formally charged with an indictable offense who does not have the present financial ability to secure competent legal representation (§§ 2A:158A-2, -5). Eligibility is determined on the basis of the need of the defendant, considering listed factors such as income, assets, ability to make bail and the ability to engage and compensate private counsel (§ 2A:158A-14); the court or a designated court office investigates the defendant's finances (§ 2A:158A-15.1). To apply, the defendant completes the court's '5A Form' (Uniform Defendant Intake); the case is then sent to the OPD regional office in the county where it will be heard. OPD does not represent people in Family Court domestic violence complaints, minor municipal court offenses, or parole violation matters. N.J.S. 2A:158A-2, -5, -14, -15.1

Lawyers set their own fees, and New Jersey has rules on how they may charge. See hiring a criminal defense lawyer in New Jersey for fee rules, how to check a lawyer's license and free help.

How release before trial works in New Jersey: Under New Jersey's Criminal Justice Reform Act, the court makes the pretrial release decision, after considering a Pretrial Services risk assessment, no later than 48 hours after the eligible defendant's commitment to jail (§ 2A:162-16). The court must release the defendant on personal recognizance or on an unsecured appearance bond if that will reasonably assure appearance, public safety and no obstruction; otherwise it imposes non-monetary conditions (§ 2A:162-17). Monetary bail may be set only when it is determined that no other conditions of release will reasonably assure the defendant's appearance (§ 2A:162-15). On a prosecutor's motion, the court may order pretrial detention only if it finds by clear and convincing evidence that no amount of monetary bail, non-monetary conditions, or combination of them would reasonably assure those goals (§ 2A:162-18(a)(1)); there is a presumption of detention for certain murder and life-term charges (§ 2A:162-19(b)). The pretrial detention hearing must be held no later than the defendant's first appearance, or within three working days if the motion is filed later, absent a continuance (§ 2A:162-19(d)(1)). N.J.S. 2A:162-15 to -19, -25 What happens after an arrest.

Each state sets its own rules for sealing or expunging records. See New Jersey expungement and record sealing rules.