We understand the stress and uncertainty of being investigated for alleged sexual assault. There is no statute of limitations for filing sexual assault charges in New Jersey. This means that a person who claims to have been raped can initiate a criminal case at any point in time. Further, New Jersey incentivizes prosecutors to conduct a thorough sexual assault investigation when a complaint arises.
A New Jersey police department that receives sexual assault allegations must report them to prosecutors within 24 hours, and prosecutors must obtain approval from a supervising prosecutor for all decisions regarding criminal charges in sexual assault cases. If a prosecutor declines to bring charges or offers the suspect a plea bargain, they must offer to meet with the alleged victim in person to explain why. Even if the alleged sexual assault victim wants to drop charges, the prosecutor has a legal obligation to proceed if the prosecutor thinks they can secure a conviction.
The seriousness of being under investigation for sexual assault or rape in New Jersey cannot be overstated. Upon conviction, punishment can include 5 to 10 years in prison, fines of up to $150,000, and having to register as a sex offender. Aggravated sexual assault is punishable by 10 to 20 years in prison and a fine of up to $200,000, as well as registration as a sex offender.
The length of the sexual assault investigation process can vary, depending on numerous factors. But being arrested or indicted for sexual assault in New Jersey is typically the start of a lengthy legal process. If you face sexual assault charges in New Jersey, the experienced criminal defense attorneys at the Law Offices of Jonathan F. Marshall can provide the aggressive legal representation you need to protect your rights throughout the process.
Key Factors Influencing the Length of a Sexual Assault Investigation
Sexual assault investigations often involve multiple agencies, including a local police department, medical providers, and county prosecutor’s offices. There are numerous factors that may affect the duration of a sexual assault investigation. They include:
Complexity of the Allegations
Many investigations revolve around an alleged victim’s complaint and physical evidence. Others involve multiple witnesses, conflicting narratives, or additional crimes, which can prolong the investigation. Historical allegations of sexual assault years ago are more difficult to investigate, which lengthens the inquiry.
Evidence Gathering and Analysis
Evidence that must be gathered and analyzed after sex crimes may include victim statements, photographs, DNA samples, data from rape kits, witness statements, surveillance footage, and digital evidence, such as text messages or social media posts. Lab analysis required of some evidence takes time and may be slowed by an overload of cases and/or lack of resources.
Prosecutorial Scrutiny
The county prosecutor’s office is involved in a sexual assault investigation from the beginning and serves a coordinating role among the various agencies involved. Prosecutors must be ready to prove the sexual assault charges beyond a reasonable doubt if they are to move forward. They are responsible for documentation and analysis of the evidence as well as determining applicable laws. Prosecutors may consult with forensic specialists or other experts to strengthen their case.
Defense Investigation
Your defense attorney should thoroughly investigate the case, too. Having a seasoned criminal defense attorney who knows the types of evidence to seek can make all the difference for innocent people facing sex crime charges. An investigation by the Law Offices of Jonathan F. Marshall may reveal evidence that supports motions to dismiss or reduce charges, which we would promptly bring to prosecutors’ attention. Your attorney is the only legal professional actively trying to close the case against you when you are under investigation for sexual assault. This is why anyone accused of sexual assault should engage an experienced defense attorney as soon as possible.
Understanding the Stages of an Investigation
There are many stages to an investigation once an individual reports a sexual assault. Depending on the circumstances, a suspect may be arrested shortly after the alleged incident, or a person may be indicted and then arrested.
In New Jersey, a more serious crime such as sexual assault is known as an “indictable offense.” Prosecutors must present evidence to a grand jury to obtain an indictment.
Learn what happens if you are arrested or indicted in New Jersey in our step-by-step explanation of the criminal process in New Jersey.
Your Rights During a New Jersey Sexual Assault Investigation
You should contact an experienced criminal defense attorney as soon as possible after learning you are under investigation for sexual assault or have been indicted or arrested on sexual assault charges.
If a law enforcement officer detains or arrests you and takes you to the police station, it is critical for you to exercise your right to remain silent and not answer questions posed by police officers until you have a defense lawyer present. You should state that you want to contact an attorney before answering any police questions.
The Law Offices of Jonathan F. Marshall defends individuals charged with sexual assault, sexual violence, sexual abuse, domestic violence, and related charges in New Jersey. We can protect your rights as we fight the charges against you.
After an initial investigation, we may be able to challenge the prosecution case against the person accused by attacking:
- A faulty search or arrest warrant,
- A faulty suspect lineup, i.e., mistaken identity,
- Faulty collection or mishandling of evidence.
What to Expect: Facing Uncertainty and Protecting Yourself
If you are facing charges of sexual assault, you may be uncertain of the steps to take. Speak with a defense attorney to understand your legal rights. Our attorneys will be allowed to examine victim reports and question statements by the prosecution’s witnesses, including the alleged victim and other parties involved. We will examine evidence collected by the sexual assault response team and any DNA evidence from sexual assault victims. If the prosecution’s case does not hold up under scrutiny, we may be able to have the charges dismissed. If it is necessary to go to trial, we will be prepared to challenge the prosecution’s case and vigorously defend you in court.
Quickly contacting the Law Offices of Jonathan F. Marshall allows our attorneys to work proactively to shape the narrative as you enter the legal system, conduct interviews, and gather evidence supporting your defense. We understand the emotional strain of a prolonged criminal investigation. We will be in your corner and in frequent contact with you. If necessary, we can refer you to additional professional support.
Contact The Law Offices of Jonathan F. Marshall Today
The timeline of a sexual assault investigation is often unpredictable, but early intervention by an experienced criminal attorney is paramount to protecting your rights and developing the strongest defense to keep you out of prison and off of the N.J. sex offender registry. Our New Jersey sexual assault defense attorneys have the experience and reputation in New Jersey’s legal community needed to protect you from the severe punishment and lasting harm of a guilty verdict.
At the first sign that you are under investigation, Contact the Law Offices of Jonathan F. Marshall at any of our 12 New Jersey office locations for a free initial consultation about legal options.
