Essex County Sexual Assault Charges

New Jersey Sex Crime Lawyer – Anthony N. Palumbo

In New Jersey, a person is guilty of sexual assault if he engages in sexual penetration with another person by physical force or coercion. In order for the charge to be sexual assault instead of aggravated sexual assault, it is also important that the victim not sustain severe personal injury. A person can also be charged with sexual assault even if they do not use physical force or coercion to engage in sexual penetration. If the victim is on probation or parole, detained in a hospital or prison and the actor has supervisory or disciplinary power over the victim as a result of his legal, professional, or occupational status, that will also be considered sexual assault.

Consider a recent New Jersey case in which a 19-year-old man was arrested for sexual assault after taking a 36-year-old woman to a golf course and assaulting her. The man allegedly met the victim in a Dunkin Donuts located in Newark and they agreed to meet at the same Dunkin Donuts on August 1, between 2 a.m. and 3 a.m. The victim alleges that the defendant drove her from the Dunkin Donuts to a parking lot at the gold course where he sexually assaulted her in the vehicle. The man was arrested and taken to the Essex County prison where he is being held on bail in the amount of $40,000. To obtain a conviction in this case it must be shown that the defendant and the victim engaged in an act of sexual penetration and unless the defendant had some sort of disciplinary power over the woman, it must also be shown that physical force or coercion was used to carry out the sexual act.