Westfield Sexual Assault and Robbery: The element of force

New Jersey Sex Crimes Defense Attorney – Anthony N. Palumbo

Westfield, a very safe town located in Union County, recently fell victim to its first sexual assault attack of 2010 when two men raped and robbed a Cranford woman in a minivan.  The incident took place early Monday morning when the 20-year-old woman was walking down the street in Westfield.  A man approached her and forced her into a nearby minivan where a second man threatened her with a knife and forced her to take off her clothes.  After allegedly assaulting the victim, they took $450 from her by force. When she escaped, the assailants fled the scene in their vehicle.  The police are currently waiting on sketches of the suspect and hoping that someone may have further information, however the men have not yet been apprehended.

In New Jersey, sexual assault and robbery are two crimes that require the element of force or threat of force.  In the case described above, force was used in both the robbery and the rape because a threat with a knife is considered a threat of force and meets the requisite element under both robbery and sexual assault.  In some situations, sexual assault can be committed without force if certain circumstances are present.  For example, sexual assault can occur without force if it takes place between a young child and an adult, or between a young adult and someone who plays a supervisory role in their life, like a family member or a coach.  In those cases, the element of force or threat of force is not necessary because the circumstances create a situation in which the victim already feels as if she must comply with the sexual requests of the actor.

If you may have committed a crime using force or the threat of force, I can help you better understand the consequences which may arise from your actions.  When you are up against a criminal investigation, a strong criminal defense may be the key to your freedom.  I have been building strong defenses in New Jersey for more than 35 years and I have a strong reputation for success.  If you or someone you love has been accused of a crime, I can speak with you today about the charges you face in a Free Consultation at 1-866-664-8118.  To learn more about crimes in New Jersey, visit my website to learn more about robbery or sexual assaultin New Jersey at www.palumbo-renaud.com.