Sexual assault is generally forced sexual intercourse, sodomy, or other sexual penetration of another person—against the person’s will and without the person’s consent. And although precise definitions and punishments vary from state to state, the criminal offense of aggravated sexual assault of a child includes the aggravating circumstance of the victim being a child under a certain age, as defined by the statute—which increases the severity of the crime.
In New Jersey, sexual assault is defined under N.J.S.A. 2C:14-2 and is considered a crime of the second degree. It involves an act of sexual penetration with another person under circumstances that do not constitute aggravated sexual assault, which is a more serious offense. Consent is a key factor, and lack of consent is what typically distinguishes sexual assault from consensual activity. Aggravated sexual assault, a first-degree crime under N.J.S.A. 2C:14-2a, includes situations where the victim is less than 13 years old or between 13 and 16 years old and the perpetrator is in a position of authority over the victim or is related to the victim. The severity of the crime is heightened due to the age of the victim and the breach of trust or authority involved. Penalties for sexual assault in New Jersey are severe and can include lengthy prison sentences, with aggravated sexual assault carrying a potential sentence of 10 to 20 years in state prison.