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legaleagle
legaleagle, Lawyer
Category: Criminal Law
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Experience:  Licensed Attorney for 7 years
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my 16 y/o daughter was sexually assaulted. Instead of telling

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my 16 y/o daughter was sexually assaulted. Instead of telling us, her parents, she told her BF. They got 2 other kids and they went to his house. She went in first to 'set him up'. Then the other three knocked on the door. 2 pushed thier way inside. The third stayed away. Once inside, one kid showed a BB pistol. They got my daughter, told the guy to leave her alone and left. the cops picked them all up 10 minutes later. The police have not charged him with anythingstating that we have to do that. Here are my questions. Can we charge him with rape? He did penatrate her. Or sexual assault? How about Burglary or home invasion? False imprisonment since he held her down? Also, she is being charged with conspiracy in the second degree. Do we need a lawyer or will it play out ok in court. Shes never been in trouble.
We live in New Jersey

It is called sexual assault under NJ law but you would not be the one to state the actual charge. You with your daughter would file a complaint and outline the facts and the DA would ultimately decide which statute to charge as the crime. If he attacked her at home without permission to enter then he can also be charged with breaking an entry and such. False imprisonment is a long shot.

 

It would be safter to hire an attorney to defend her because she did commit a criminal act when she participated in the intimidation against the boy.

 

N.J. Stat. § 2C:14-2 (2009)
§ 2C:14-2. Sexual assault
a. An actor is guilty of aggravated sexual assault if he commits an act of sexual penetration with another person under any one of the following circumstances:
(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 by virtue of the actor's legal, professional, or occupational status, or
(c) The actor is a resource family 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.

Aggravated sexual assault is a crime of the first degree.

b. 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 four 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 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;

(3) 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 of any nature or in any capacity over the victim; or

(c) The actor is a resource family parent, a guardian, or stands in loco parentis within the household;

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

Sexual assault is a crime of the second degree.

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