Statute of Limitations for Sexual Assault Indictment in Union County

New Jersey Sex Crime Attorney – Anthony N. Palumbo

A man was arrested for sexual assault in New Jersey based on an alleged incident that took place ten years ago.  The man was charged with second-degree sexual assault, a crime that carries the possibility of up to ten years in prison.  The alleged incident occurred at his apartment with a girl, who at the time was five-years-old.  The arrest took place after the girl and her mother went to the police station and filed a report.  Subsequently, the man was taken to police headquarters where he admitted to the conduct, but denied that the girl was five-years-old at the time.  According to the defendant, she was seven.  Even though this crime may have occurred a decade ago, the statute of limitations for sexual assault in New Jersey does not bar this action.

Under the statute of limitations for sexual assault in New Jersey, if the victim is under eighteen-years-old, the charge must be brought within five years after victim attains eighteen.  However, if the assault is not discovered until much later, the action can still be brought so long as it is commenced within two years of the discovery of the offense.  In this case, the former rule applies.  The victim can bring the case because she was under eighteen when the alleged assault occurred and the action commenced before she was twenty-three years-old.  However, if the act had not been discovered until she was twenty-eight, she would have been able to bring an action against the defendant before she was thirty-years-old.

 

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.

Elizabeth Man Not-guilty of Child Sexual Assault


I have been defending sexual assault cases in New Jersey for over 35 years and I have built a reputation for excellence in this area of the law. A recent case in the news illustrates the verdict I strive to obtain for my clients in sexual assault cases. In the case, an Elizabeth man was found not guilty in the alleged sexual assault of a 6-year-old girl after it was proved that he could not have possibly inflicted the alleged injuries. The man was charged with first degree sexual assault and endangering the welfare of a child and was facing up to 20 years in prison.

The case was dismissed after it was demonstrated that the alleged wounds were caused while the defendant was in custody. While it was at one point an issue that the suspect ran from police when he was arrested, the defense lawyer explained that upon arrest, he was approached by plain clothes officers and did not realize he was being arrested. The man does not speak English and unfortunately, an immigration detainer was placed on him when he was charged with the crime. The man now faces deportation even though he was found not guilty.

My name is Anthony N. Palumbo, New Jersey sex crime attorney and when it comes to sexual assault cases in New Jersey, I have a reputation for providing solid defenses. Sexual assault cases are difficult for all of the parties involved and require the right balance of sensitive negotiation and hard-line litigation to obtain the best possible outcome for the client. If you have been accused of sexual assault in Elizabeth, I am prepared to defend your charge. Contact me today at 1-866-664-8118 for a Free and Confidential Consultation with an experienced sex crime attorney, or visit my website at www.palumbo-renaud.com for more information about sexual assault in New Jersey.