Statutory rape occurs when an adult has sexual relations with a minor. In such cases, a minor is someone who has not yet reached the age of consent, which is when they are considered mature enough to give informed consent to a sexual relationship.
Though it is a serious crime with life-altering consequences for the perpetrator and victim, the rules can vary from state to state. In most cases, an adult is someone who is 18 or older, but the age of consent varies. Generally speaking, most are between 16 and 18 years of age.
In addition, most statutory rape definitions include an age-difference component. This is typically convicted in scenarios when an older minor has sexual relations with another significantly younger minor or when someone who has just reached adulthood is in a relationship with a younger peer.
There are a few exceptions to the age threshold, such as if a minor gets parental consent to marry or if two minors are in a relationship but one age into adulthood. Again, these laws vary by state, so it is important to know the nuances of your state’s statutes if you may be affected by this issue.
Let’s take a look at the statutory rape laws in New Jersey, in particular.
Age of Consent in New Jersey
In New Jersey, the age of consent is 16. In statutory rape cases, an adult will have sexual contact with someone under the age of 16. Because the state deems that someone under 16 cannot give informed consent, the case is considered a sexual crime even if the perpetrator did not use force and the victim was a willing participant.
There is also an age difference component to New Jersey’s statutory rape law. A defendant must be at least four years older than the minor.
These age ranges apply in most cases, but there are special rules if the defendant is a guardian or someone in a position of authority, such as a teacher, boss, or coach. In these cases, the age of consent in New Jersey is 18, not 16.
Romeo and Juliet Law in New Jersey
There are a few exceptions to the statutory rape age range rules in New Jersey. One of the most common is the Romeo and Juliet Law. Sometimes known as a close-in-age exemption, this rule applies when there is less than a four-year gap in age between two partners. The rule could apply if, for instance, two minors enter a relationship while at school, but one age into adulthood (18) while the other remains a minor.
Romeo and Juliet laws apply for statutory cases involving consensual sex, but they do not cover any type of forced sexual acts or violence.
Criminal Sexual Acts in Statutory Rape Cases
Statutory rape is a term used to describe a sexual relationship between an adult and someone under the age of consent. However, in New Jersey, you cannot be charged with the crime of statutory rape.
If someone commits an act of statutory rape, they may be subject to several charges, including endangering the welfare of a child, criminal sexual contact, sexual assault, or aggravated sexual assault.
Here is a closer look at the charges someone accused of statutory rape could face:
Sexual Assault
The acts that can bring sexual assault charges vary depending on the situation, but they are quite clear when it comes to statutory rape. Any form of sexual contact, including touching over the clothes, when the victim is younger than 13 and the perpetrator is at least four years older, is considered sexual assault.
Someone can also be charged with sexual assault if they have penetrative sex with someone who is between 13 and 16. Again, because of the Romeo and Juliet Law in New Jersey, it is only sexual assault if the perpetrator is at least four years older than the victim.
Sexual assault is a second-degree crime in New Jersey. Sentencing guidelines for those found guilty include five to 10 years in prison and/or fines reaching up to $150,000.
Aggravated Sexual Assault
Aggravated sexual assault is a first-degree crime, which carries a possible sentence of 10 to 20 years in prison, with a minimum of 15 years in many cases. Those found guilty may also need to pay fines of up to $200,000.
In statutory rape, aggravated sexual assault charges are reserved for cases where there was sexual penetration of a minor who was under 13 at the time of the incident. The Romeo and Juliet exemption does not apply to aggravated sexual assault charges.
Criminal Sexual Contact
Criminal sexual contact is a fourth-degree crime in New Jersey. This charge usually involves cases of sexual contact between an adult and a minor who is 13 or older. The four-year age difference applies in these cases.
A guilty verdict can bring nine to 18 months in prison and/or fines up to $10,000.
Sex Offender Registration in New Jersey
New Jersey has rules requiring public notification when certain sex offenders reside in a community. Dubbed Megan’s Law, it requires people convicted of sexual crimes to register for at least 15 years following sentencing.
The registry, which is available to the public on the Internet, includes the offender’s picture, name, and address. It also includes physical descriptions, information about vehicles, and details about their crimes and methods.
All sex offenders who pose a high risk of committing similar crimes are included on the registry, as are some who pose a moderate risk. Those with a low risk of reoffense are not listed on the registry.
Megan’s Law may require registration for sexual assault and aggravated sexual assault convictions if the court thinks there is a high likelihood of reoffending. For example, if someone shows a pattern of statutory rape or activities that suggests compulsive behavior or sexual interest in individuals under the age of consent and is convicted of sexual assault, they may have to register under Megan’s Law.
Since the information on the registry is public, it can affect offenders as they try to find employment, socialize, and go about their daily lives.
Is Mistake of Age a Statutory Rape Defense in New Jersey?
A mistake of age (also known as a mistake of fact) is not a viable defense in statutory rape cases in New Jersey. It is one of 33 states where courts have ruled against defendants using this argument.
However, legal precedent in New Jersey states that defendants should verify the age of their partner before engaging in any sexual acts with them. Defendants have been found guilty even though the minor misrepresented their age.
Contact The Law Offices of Jonathan F. Marshall Today
Statutory rape could lead to serious charges. If convicted in a statutory rape case, you could face 15 years or more in prison. Even lower-degree charges like criminal sexual contact can lead to nine months in jail. That being said, even being included on a sex offender registry for minor offenses could make it difficult to find employment or become a part of a community.
Because of the potential for serious penalties, sex crimes should be treated with the same solemnity. If you find yourself in a situation involving statutory rape in New Jersey, even if you have been implicated, you should contact a sex crimes lawyer immediately. A criminal defense lawyer with knowledge of New Jersey’s age of consent and statutory rape laws can help you achieve the best possible outcome in your case.
