How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask johngibson15219 Your Own Question

johngibson15219
johngibson15219, DUI Lawyer
Category: Criminal Law
Satisfied Customers: 159
Experience:  Admitted to Pennsylvania Bar October 1980.
11542150
Type Your Criminal Law Question Here...
johngibson15219 is online now
A new question is answered every 9 seconds

what is the diffrence between sexual assault and rape also

Resolved Question:

what is the diffrence between sexual assault and rape?also please define Indescent Assault
Submitted: 5 years ago.
Category: Criminal Law
Expert:  johngibson15219 replied 5 years ago.

This is copied from a New Jersey defense lawyer's website:


Sexual Assault is the legal term for Rape in New Jersey, and indicated an allegation of of sexual penetration.

Criminal Sexual Contact is a lesser charge consisting of "intentional touching by the victim or actor, either directly or through clothing, of the victim's or actor's intimate parts for the purpose of degrading or humiliating the victim or sexually arousing or sexually gratifying the actor".

Lewdness is an offense defined by "lewd acts" consisting of "exposing of the genitals for the purpose of arousing or gratifying the sexual desire of the actor or of any other person".

These crimes also may fall into the category of Domestic Violence depending on the relationship between the victim and the defendant.

These charges are very complicated, and are no doubt overwhelming. But I've fought these cases before, and there may be valid defenses we can use.

Elements of Sexual Assault / Criminal Sexual Contact according to New Jersey Law

The elements of an Aggravated Sexual Assault charge are as follows:

(1) The victim is less than 13 years old.

(2) The victim is at least 13 but less than 16 years old; and

a. The actor is related to the victim by blood or affinity to the third degree; or b. the actor has supervisory or disciplinary power over the victim; or c. the actor is a foster parent, a guardian, or stands in loco parentis within the household;

(3) The act is committed during the commission, or attempted commission, whether alone or with one or more other persons, of robbery, kidnapping, homicide, aggravated assault on another, burglary, arson, or criminal escape;

(4) The actor is armed with a weapon or any object fashioned in such a manner as to lead the victim to reasonably believe it to be a weapon and threatens by word or gesture to use the weapon or object;

(5) The actor is aided or abetted by one or more other persons and the actor uses physical force or coercion;

(6) The actor uses physical force or coercion and severe personal injury is sustained by the victim;

(7) The victim is one whom the actor knew or should have known was physically helpless, mentally defective or mentally incapacitated.

The elements of a Sexual Assault charge are:

An actor is guilty of sexual assault if he commits an act of sexual contact with a victim who is less than 13 years old and the actor is at least 4 years older than the victim.

c. An actor is guilty of sexual assault if he commits an act of sexual penetration with another person under any one of the following circumstances:

(1) The actor uses physical force or coercion, but the victim does not sustain severe personal injury;

(2) The victim is one whom the actor knew or should have known was physically helpless, mentally defective, or mentally incapacitated;

(3) The victim is on probation or parole, or is detained in a hospital, prison, or other institution and the actor has supervisory or disciplinary power over the victim by virtue of the actor's legal, professional or occupational status;

(4) The victim is at least 16 but less than 18 years old and:

a. The actor is related to the victim by blood or affinity to the third degree; or b. the actor has supervisory or disciplinary power over the victim; or c. the actor is a foster parent, a guardian, or stands in loco parentis within the household;

(5) The victim is at least 13 but less than 16 years old and the actor is as at least 4 years older than the victim.

The legal elements of a Criminal Sexual Contact charge are those in elements (1)-(5) above.

New Jersey Sexual Assault and Related Penalties

Aggravated Sexual Assault is a First Degree Crime under New Jersey Criminal Statute (2C:14-2), with a maximum penalty of up to 20 years in state prison.

Sexual Assault (2C: 14-2b,c) is a Second Degree Crime, which has a maximum penalty of 10 years in prison.

Aggravated Criminal Sexual Contact (2C:14-3a) is a Third Degree Crime, which has a maximum penalty of 5 years in prison.

Criminal Sexual Contact (2C:14-3b) is a Fourth Degree Crime, which has a maximum penalty of up to 18 months in prison.

Lewdness (2C:14-4) may be charged as either a Fourth Degree Crime (above) if it involves a mentally incapacitated person or child under 13 if the defendant is more than 4 years older, or more commonly, a disorderly persons offense, which has a maximum penalty of 6 months in jail and/or a $1000 fine.

johngibson15219, DUI Lawyer
Category: Criminal Law
Satisfied Customers: 159
Experience: Admitted to Pennsylvania Bar October 1980.
johngibson15219 and 9 other Criminal Law Specialists are ready to help you
Customer: replied 5 years ago.
would a person being charged with lewdness,(4th degree) where NO other person's are involved,have to register as a phediophile or a sexual predator?

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
< Last | Next >
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/retiredlawyer/2012-6-6_19326_franL.64x64.jpg Fran L.'s Avatar

    Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2079
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/NA/nathanmoorelaw/2011-5-31_21375_headshotbig.64x64.jpg Nate's Avatar

    Nate

    Lawyer

    Satisfied Customers:

    1625
    Over 10 years of criminal defense practice.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Lawyer

    Satisfied Customers:

    1434
    30 years legal experience
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    1418
    16 yrs. of experience including criminal law.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1380
    Licensed attorney with 27 yrs. exp. in criminal law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Lawyer

    Satisfied Customers:

    1300
    Experienced in multiple areas of the law.