Statutory rape laws can be complicated to understand. But it is imperative to have an understanding of these laws if you are a younger person who is dating an underaged person or if you know anyone who is doing so.
It is also vital for any adults who are aware of a sexual relationship in schools or other environments in which the legality of the relationship comes into question.
Statutory rape laws are there to protect minors (individuals younger than the age of consent) from becoming a victim or being taken advantage of by someone who is legally an adult when the minor is not.
Why is this law in place?
While it may have been permissible in certain cases in the past or less developed countries, statutory rape laws are there because it is generally believed that only those of the age of consent can make an intelligent decision on whether to engage in sexual activity.
What is the age of consent in New Jersey?
The “age of consent” varies from state-to-state. It is essential to know what the law is in your state. If you live in New Jersey, the age of consent is currently 16. But these are state laws, and they are subject to change so you should keep up with this statute through legitimate sites to make sure you have the most current information. The age of consent is relatively low in New Jersey compared to other states.
How is the New Jersey statutory rape law violated?
New Jersey’s statutory rape law is violated when someone has consensual sex with a child who is less than the age of consent. So, if someone has sexual relations with someone 15 or younger in the state of New Jersey, they are guilty of statutory rape.
What is the “Romeo & Juliet” Law?
There is one small exemption to the New Jersey statutory rape law. If someone is also a minor (between the ages of 13 and 15) and they engage in sex with a partner up to 4 years older, these individuals may not be considered in violation of the rape law.
An Exception to the Exception
It gets a bit more complicated when the older partner is one of the following:
- Parent or guardian
- Sibling
- Authority figure over the younger person
- Relative closer than a 4th cousin
This exception is created so that people who are in a position of authority over the child cannot be allowed to take advantage of this relationship and the access and power they have over the younger person to engage in sex with minors. Examples of authority figures would include teachers, coaches, and bosses, to name a few.
How the “Romeo & Juliet” exception are used
If you are in a position to need an attorney for possible statutory rape violation, you should know that there are two ways to use the exception to the rule clause. First, your lawyer can present your case as making you exempt from the New Jersey statutory rape laws due to the “close-in-age” rule. Secondly, they may use it as a point of argument and a defense showing that there is less of a situation of violation of the consent law or dominance over the younger partner since the two are so close in age, to begin with.
Punishment for Violating the Age of Consent Law in New Jersey
There are two main means of punishment when someone has violated the “age of consent” law in New Jersey. There are two major categories of violations that a judge might use to prosecute perpetrators for this law.
1. Severity of the criminal charge– First, the severity of the crime is considered when determining the punishment that a judge metes out for violation of the statute. It can be viewed as a felony if it is an adult of significant higher age in which it can be shown that they took advantage of their position of power.
2. Child Endangerment– If it can be shown that the situation resulted in endangering the welfare of children, you could be convicted of a 2nd degree or 3rd-degree endangerment charge.
Additionally, if there is a presence of lewdness in which the child was humiliated or held against their will, the charges could be much more severe. Lewdness alone is considered a crime in the 4th degree. The penalty for this is 18 months in prison. Prison terms for the other higher offenses can vary, depending on the circumstances and the judge’s view of the crime.
More Serious Offenses
The problem with statutory rape is that it can sometimes lead to more serious offenses. Code ยง 2C: 14-2 in the state of New Jersey states that aggravated sexual assault is “sexual penetration with a victim under the age of 13.” If a crime is labeled “aggravated” assault, you could be looking at more serious charges than statutory rape.
Sexual assault of any kind in New Jersey is defined as “sexual penetration with victim ages 13-16 when the older person is at least four years older.”
The penalty for “aggravated sexual assault” is 10-20 years in prison.
Sexual assault is sexual penetration with a victim between age 13 and 16 when the actor is at least four years older. The punishment for sexual assault is 5-10 years in prison.
When to get an attorney
If you or someone you know have engaged in sexual activity with anyone below the age of 16 in the state of New Jersey, you should contact an attorney immediately. Even if you have not been served with a notification or arrest warrant, you are at risk for prosecution.
Any type of sexual assault or statutory rape is a criminal offense. This means you need to protect yourself with a seasoned criminal attorney who is familiar with the statutory rape laws.
We can help!
If you need a statutory rape lawyer, don’t panic. Contact David T. Schlendort, a criminal defense attorney with DTSLawFirm.com. We will assess your situation and guide you through the process of offering you help with your legal issue.
Don’t wait, though. These are serious crimes. You need a serious lawyer.