Convicted of Criminal Sexual Contact in Elizabeth

When a person commits aggravated sexual assault in Elizabeth, it is common to be charged with multiple New Jersey sex offenses including endangering the welfare of a child or criminal sexual contact. In order to commit an act of New Jersey sexual assault, there must be sexual penetration between the victim and the offender. For criminal sexual contact in New Jersey to occur there must be an act of sexual contact. The reason the two offenses are often together is because when an act of sexual penetration has been satisfied for sexual assault, then most likely an act of sexual contact has been satisfied for criminal sexual contact. For an example of how this works consider a recent Elizabeth sex offense case in which a man was charged with sexual assault, aggravated sexual assault, endangering the welfare of a child, and criminal sexual contact in New Jersey.

In the case, a family friend who lived in the basement was convicted of multiple sex offenses after one of the children reported his conduct to her father, the landlord. The assault began when the girl was 6-years-old, but it was not reported until she was 10. Two of her siblings were also assaulted by the same man. The man told her that if she informed her parents of the assault, no one would believe her. When the girl eventually told her father, the father found little cameras in his daughters’ rooms from which the man had been watching them. Hundreds of DVDs were also discovered in which the man recorded the acts of sexual assault with the girls. He was convicted and sentenced to 27 years in prison for the offenses.

The man’s act established the requirements for a conviction of both criminal sexual contact and aggravated sexual assault. He was convicted of aggravated sexual assault in Elizabeth because he was an adult who committed an act of sexual penetration with a person who is under 13-years-old. Sexual penetration means vaginal intercourse, cunnilingus, fellatio, anal intercourse, and insertion of the hand, finger or object into the anus or vagina.  He was also convicted of criminal sexual contact because he committed an act of sexual contact and used force and/or coercion. Sexual contact is an intentional touching (under or over clothing) of a person’s sexual organs, genital area, anal area, inner thigh, groin, butt or breast, committed with the purpose of degrading the victim or sexually arousing the toucher. Sexual penetration and sexual contact are similar; the main difference being that penetration is not required.

My name is Anthony N. Palumbo, New Jersey sex crime defense attorney and many of the sex crime cases I handle involve defendants charged with multiple sex offenses that stem from the same conduct. Fortunately, the premise that allows the state to charge an individual with multiple offenses for the same conduct can sometimes work in the clients favor because when evidence can be discredited in a way that strikes down shared elements of various charges, both charges are often dismissed. If you or a loved one has been charged with multiple sex offenses in New Jersey, there are many defenses that may be available on your behalf. To speak with an experienced sex crime attorney about the charges you face call 1-866-664-8118 for a free and confidential consultation.

To learn more about sex crimes in New Jersey, visit the sex crimes homepage on my website