Clifton NJ Sexual Assault Lawyer
Sex Crime Defense Attorney in Passaic County, New Jersey
Alissa D. Hascup represents clients throughout New Jersey who have been charged with sex crimes, including sexual assault, aggravated sexual assault, invasion of privacy, and criminal sexual contact in Totowa, Clifton, Paterson, and Wayne NJ.
She is a talented criminal defense attorney who has successfully handled thousands of cases in New Jersey, in Superior Court (indictable/felony level offenses) and Municipal Court (disorderly persons/misdemeanor level offenses). Ms. Hascup is also a former Assistant Morris County Prosecutor and Special Deputy Attorney General who handled a number of sex crimes cases during the course of her career including sexual assault and criminal sexual contact.
Being charged with sexual assault means exposure of up to 10 years in New Jersey state prison, 85 percent of which must be served without the benefit of parole. A sexual assault conviction means exposure to a host of collateral consequences including community supervision for life, and a mandatory psychosexual evaluation. Having an experienced defense attorney means all the difference.
Alissa D. Hascup understands the complexities associated with a sexual assault charge. She also understands how important it is to act quickly and effectively in attacking the State’s case so we can put you in a position to achieve the best possible result. Contact Ms. Hascup anytime for an initial consultation, which is always provided free of charge.
Sexual Assault in New Jersey: N.J.S.A. 2C:14-2b and N.J.S.A. 2C:14-2c
Sexual Assault is codified under N.J.S.A. 2C:14-2b and N.J.S.A. 2C:14-2c, which provides:
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.
Penalties for Sexual Assault in New Jersey
Sexual Assault is a crime of the Second Degree, punishable by a period between 5 and 10 years in New Jersey State Prison, 85% of which must be served under the No Early Release Act (“NERA”) before the benefit of parole. Additionally, a Sexual Assault conviction also carries with it the following requirements: Community Supervision for Life, Megan Law’s Registration, and a psychosexual evaluation (commonly referred to in court as an “Avenel evaluation”).
Understanding NJ Sexual Assault Law
The crime of sexual assault is derived generally from what had been called “rape.” Prior law created two kinds of rape, often referred to as forcible rape and statutory rape. Forcible rape involved carnal knowledge of a woman against her will; statutory rape involved carnal knowledge of a girl under the age of 12 or of a girl under the age of 16 if the actor is over the 16, or a girl who was an inmate of an institution for the feeble-minded or mentally ill.
There now exist 3 types of sexual assault: (1) those akin to the old forcible rape, where the use of force or its equivalent must be proved; (2) those akin to the old statutory rape, where the volition of the victim is irrelevant as it is not what is being protected; and (3) the new hybrid form, where force need not be proved given the situation, but the volition of the victim is still potentially an issue. See State v. Jones, 308 N.J. Super. 174, 187 (App. Div.), certif. den. 156 N.J. 380 (1998).
Contact a Wayne NJ Sexual Assault Lawyer for a Free Consultation
There are many legal nuances associated with the crime of Sexual Assault. Accordingly, it is critical for you to contact a lawyer immediately should you find yourself in a situation where you or a loved one have been charged with Sexual Assault. Criminal defense lawyer Alissa D. Hascup can help. Contact her now for a free consultation about your sexual assault charges.