Union County man indicted on sexual assault and child endangerment charges

A Plainfield man accused of sexually abusing a teenage girl has been indicted on various counts of sexual assault, child endangerment, and criminal sexual contact. The defendant allegedly assaulted the girl repeatedly over an extended period of time, took her to strip clubs in Essex, Union, and Middlesex Counties, and showed her pornographic materials.

 

Crimes against children can include a variety of different charges, as in this case. Some of the most common charges include:

– Sexual assault. Charges for sexual assault can be brought based on many different kinds of non-consensual sexual activity or child sex abuse, and may be charged as either first or second degree crimes based on the severity of the offense.

– Endangering the welfare of a child. Child endangerment, which can be charged as a first, second, third, or fourth degree offense, includes a broad range of behavior where the actor engages in prohibited sexual acts with a child under the age of 16. Child pornography, child sex abuse, and statutory rape, among other things, can all be charged as endangering the welfare of a child.

– Criminal sexual contact. “Sexual contact” is defined under New Jersey law as “an intentional touching by the victim or actor, either directly or through clothing, of the victim’s or actor’s intimate parts for the purpose of degrading or humiliating the victim or sexually arousing or sexually gratifying the actor.” Criminal sexual contact includes offenses such as touching oneself in front of a child or coercing a child to engage in sexual contacts. Depending on the severity of the circumstances, it may be graded as a third or fourth degree crime.

 

The penalties for sex crimes charges are as follows:

– First degree – 10 to 20 years

– Second degree – 5 to 10 years

– Third degree – 3 to 5 years

– Fourth degree – up to 18 months

In addition to jail time, convicted sex offenders must also comply with the registration and reporting requirements of New Jersey’s Megan’s Law.

 

Call me at 1-866-664-8118, we will discuss your questions and concerns.

 

Threat of Force Sustains Sexual Assault Charge in Elizabeth – Union County NJ

New Jersey Sex Crime Attorney
A man was charged with sexual assault in Elizabeth after he allegedly assaulted a 25-year-old woman at a train station.  The woman was attacked after she exited a Bound Brook Station train around two a.m. on Saturday morning.  The defendant cornered her at the bottom of a staircase and forced her to perform a sexual act on him.  He did not use physical force or a weapon to commit the act.  Instead, he threatened force.  This, however, is sufficient to constitute sexual assault in New Jersey.  Sexual Assault is a second degree crime that carries five to ten years in prison.

Under New Jersey law, a weapon or physical force is not required for a charge of sexual assault.  Coercion, even without physical injury, is enough to sustain rape.  If coercion is coupled with personal injury, the charge will be upgraded to aggravated sexual assault.  Aggravated sexual assault can also be committed without physical force under another set of circumstances as well.  If the defendant is armed and the victim reasonably believes, based on words or gestures, the actor intends to use the weapon against her, this will be sufficient to constitute rape without physical force.

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 www.palumbo-renaud.com.