What is rape in NJ and sexual assault?
New Jersey calls rape a sexual assault.
Below are the NJ statutes on sexual assault
More information on website www.njlaws.com
2C:14-2 
Sexual
assault
.
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:
Sexual assault.
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;
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
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;
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;
(
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;
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;
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;
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 or incapacitated,
intellectually or mentally incapacitated, or had a mental disease or defect
which rendered the victim temporarily or permanently incapable of understanding
the nature of his conduct, including, but not limited to, being incapable of
providing consent.
The victim is one whom
the actor knew or should have known was physically helpless or incapacitated,
intellectually or mentally incapacitated, or had a mental disease or defect
which rendered the victim temporarily or permanently incapable of understanding
the nature of his conduct, including, but not limited to, being incapable of
providing consent.
Aggravated 
sexual
assault
is a crime of the first
degree.
Except as otherwise
provided in subsection d. of this section, a person convicted under paragraph
(1) of this subsection shall be sentenced to a specific term of years which
shall be fixed by the court and shall be between 25 years and life imprisonment
of which the person shall serve 25 years before being eligible for parole,
unless a longer term of parole ineligibility is otherwise provided pursuant to
this Title.
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.
sexual assault is a crime of the first
degree.
Except as otherwise
provided in subsection d. of this section, a person convicted under paragraph
(1) of this subsection shall be sentenced to a specific term of years which
shall be fixed by the court and shall be between 25 years and life imprisonment
of which the person shall serve 25 years before being eligible for parole,
unless a longer term of parole ineligibility is otherwise provided pursuant to
this Title.
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;
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.
d.
Notwithstanding the
provisions of subsection a. of this section, where a defendant is charged with
a violation under paragraph (1) of subsection a. of this section, the
prosecutor, in consideration of the interests of the victim, may offer a
negotiated plea agreement in which the defendant would be sentenced to a
specific term of imprisonment of not less than 15 years, during which the
defendant shall not be eligible for parole. In such event, the court may
accept the negotiated plea agreement and upon such conviction shall impose the
term of imprisonment and period of parole ineligibility as provided for in the
plea agreement, and may not impose a lesser term of imprisonment or parole or a
lesser period of parole ineligibility than that expressly provided in the plea
agreement. The Attorney General shall develop guidelines to ensure the uniform
exercise of discretion in making determinations regarding a negotiated
reduction in the term of imprisonment and period of parole ineligibility set
forth in subsection a. of this section.
amended 1979, c.178,
s.26; 1983, c.249, s.2; 1989, c.228, s.3; 1997, c.194, s.1; 2001, c.60; 2004,
c.130, s.13; 2011, c.232, s.4; 2013, c.214, s.3; 2014, c.7, s.1.
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.
d.Notwithstanding the
provisions of subsection a. of this section, where a defendant is charged with
a violation under paragraph (1) of subsection a. of this section, the
prosecutor, in consideration of the interests of the victim, may offer a
negotiated plea agreement in which the defendant would be sentenced to a
specific term of imprisonment of not less than 15 years, during which the
defendant shall not be eligible for parole. In such event, the court may
accept the negotiated plea agreement and upon such conviction shall impose the
term of imprisonment and period of parole ineligibility as provided for in the
plea agreement, and may not impose a lesser term of imprisonment or parole or a
lesser period of parole ineligibility than that expressly provided in the plea
agreement. The Attorney General shall develop guidelines to ensure the uniform
exercise of discretion in making determinations regarding a negotiated
reduction in the term of imprisonment and period of parole ineligibility set
forth in subsection a. of this section.
amended 1979, c.178,
s.26; 1983, c.249, s.2; 1989, c.228, s.3; 1997, c.194, s.1; 2001, c.60; 2004,
c.130, s.13; 2011, c.232, s.4; 2013, c.214, s.3; 2014, c.7, s.1.
2C:14-1 Definitions.
2C:14-1.
Definitions. The following definitions apply to this chapter:
a.
"Actor" means
a person accused of an offense proscribed under this act;
b.
"Victim" means
a person alleging to have been subjected to offenses proscribed by this act;
c.
"Sexual
penetration" means vaginal intercourse, cunnilingus, fellatio or anal
intercourse between persons or insertion of the hand, finger or object into the
anus or vagina either by the actor or upon the actor's instruction. The
depth of insertion shall not be relevant as to the question of commission of
the crime;
d.
"Sexual
contact" means an 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. Sexual contact of the actor with himself must be in view
of the victim whom the actor knows to be present;
e.
"Intimate
parts" means the following body parts: sexual organs, genital area,
anal area, inner thigh, groin, buttock or breast of a person;
f.
"Severe personal
injury" means severe bodily injury, disfigurement, disease, incapacitating
mental anguish or chronic pain;
g.
"Physically
helpless" means that condition in which a person is unconscious or is
physically unable to flee or is physically unable to communicate unwillingness
to act;
h.
(Deleted by amendment,
P.L.2011, c.232)
i.
"Mentally
incapacitated" means that condition in which a person is rendered
temporarily incapable of understanding or controlling his conduct due to the
influence of a narcotic, anesthetic, intoxicant, or other substance
administered to that person without his prior knowledge or consent, or due to
any other act committed upon that person which rendered that person incapable
of appraising or controlling his conduct;
j.
"Coercion" as
used in this chapter shall refer to those acts which are defined as criminal
coercion in section 2C:13-5(1), (2), (3), (4), (6) and (7).
amended 1983, c.249,
s.1; 1989, c.228, s.2; 2011, c.232, s.3.
2C:14-1.
Definitions. The following definitions apply to this chapter:
a."Actor" means
a person accused of an offense proscribed under this act;
b."Victim" means
a person alleging to have been subjected to offenses proscribed by this act;
c."Sexual
penetration" means vaginal intercourse, cunnilingus, fellatio or anal
intercourse between persons or insertion of the hand, finger or object into the
anus or vagina either by the actor or upon the actor's instruction. The
depth of insertion shall not be relevant as to the question of commission of
the crime;
d."Sexual
contact" means an 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. Sexual contact of the actor with himself must be in view
of the victim whom the actor knows to be present;
e."Intimate
parts" means the following body parts: sexual organs, genital area,
anal area, inner thigh, groin, buttock or breast of a person;
f."Severe personal
injury" means severe bodily injury, disfigurement, disease, incapacitating
mental anguish or chronic pain;
g."Physically
helpless" means that condition in which a person is unconscious or is
physically unable to flee or is physically unable to communicate unwillingness
to act;
h.(Deleted by amendment,
P.L.2011, c.232)
i."Mentally
incapacitated" means that condition in which a person is rendered
temporarily incapable of understanding or controlling his conduct due to the
influence of a narcotic, anesthetic, intoxicant, or other substance
administered to that person without his prior knowledge or consent, or due to
any other act committed upon that person which rendered that person incapable
of appraising or controlling his conduct;
j."Coercion" as
used in this chapter shall refer to those acts which are defined as criminal
coercion in section 2C:13-5(1), (2), (3), (4), (6) and (7).
amended 1983, c.249,
s.1; 1989, c.228, s.2; 2011, c.232, s.3.
2C:14-2.1.
Victim of 
sexual
assault
may consult with prosecutor on plea negotiations
1.
Whenever there is a
prosecution for a violation of N.J.S.A.2C:14-2, the victim of the 
sexual
assault
shall be provided an
opportunity to consult with the prosecuting authority prior to the conclusion
of any plea negotiations.
Nothing contained herein
shall be construed to alter or limit the authority or discretion of the
prosecutor to enter into any plea agreement which the prosecutor deems
appropriate.
L.2003,c.137.
sexual assault
may consult with prosecutor on plea negotiations
1.Whenever there is a
prosecution for a violation of N.J.S.A.2C:14-2, the victim of the sexual assault shall be provided an
opportunity to consult with the prosecuting authority prior to the conclusion
of any plea negotiations.
Nothing contained herein
shall be construed to alter or limit the authority or discretion of the
prosecutor to enter into any plea agreement which the prosecutor deems
appropriate.
L.2003,c.137.
2C:14-3 Aggravated criminal sexual
contact; criminal sexual contact
a. An actor is
guilty of aggravated criminal sexual contact if he commits an act of sexual
contact with the victim under any of the circumstances set forth in 2C:14-2a.
(2) through(7).
Aggravated criminal
sexual contact is a crime of the third degree.
b. An actor is
guilty of criminal sexual contact if he commits an act of sexual contact with
the victim under any of the circumstances set forth in section 2C:14-2c. (1)
through(4).
Criminal sexual contact
is a crime of the fourth degree.
L.1978, c.95; amended
1979, c.178, s.27; 1997, c.194, s.2.
a. An actor is
guilty of aggravated criminal sexual contact if he commits an act of sexual
contact with the victim under any of the circumstances set forth in 2C:14-2a.
(2) through(7).
Aggravated criminal
sexual contact is a crime of the third degree.
b. An actor is
guilty of criminal sexual contact if he commits an act of sexual contact with
the victim under any of the circumstances set forth in section 2C:14-2c. (1)
through(4).
Criminal sexual contact
is a crime of the fourth degree.
L.1978, c.95; amended
1979, c.178, s.27; 1997, c.194, s.2.
2C:14-5. Provisions generally
applicable to Chapter 14
a. The prosecutor shall not be required to offer
proof that the victim resisted, or resisted to the utmost, or reasonably
resisted the 
sexual
assault
in any offense
proscribed by this chapter.
b. No actor shall be
presumed to be incapable of committing a crime under this chapter because of
age or impotency or marriage to the victim.
c. It
shall be no defense to a prosecution for a crime under this chapter that the
actor believed the victim to be above the age stated for the offense, even if
such a mistaken belief was reasonable.
L.1978, c. 95,
s. 2C:14-5, eff. Sept. 1, 1979.
2C:14-6. Sentencing
If a person is convicted of a second or subsequent
offense under sections 2C:14-2 or 2C:14-3a., the sentence imposed under those
sections for the second or subsequent offense shall, unless the person is
sentenced pursuant to the provisions of 2C:43-7, include a fixed minimum
sentence of not less than 5 years during which the defendant shall not be
eligible for parole. The court may not suspend or make any other
non-custodial disposition of any person sentenced as a second or subsequent
offender pursuant to this section. For the purpose of this section
an offense is considered a second or subsequent offense, if the actor has at
any time been convicted under sections 2C:14-2 or 2C:14-3a. or under any
similar statute of the United States, this state, or any other state for
an offense that is substantially equivalent to sections 2C:14-2 or
2C:14-3a.
L.1978, c. 95, s. 2C:14-6, eff. Sept. 1,
1979.
sexual assault in any offense
proscribed by this chapter.
b. No actor shall be
presumed to be incapable of committing a crime under this chapter because of
age or impotency or marriage to the victim.
c. It
shall be no defense to a prosecution for a crime under this chapter that the
actor believed the victim to be above the age stated for the offense, even if
such a mistaken belief was reasonable.
L.1978, c. 95,
s. 2C:14-5, eff. Sept. 1, 1979.
2C:14-6. Sentencing
If a person is convicted of a second or subsequent
offense under sections 2C:14-2 or 2C:14-3a., the sentence imposed under those
sections for the second or subsequent offense shall, unless the person is
sentenced pursuant to the provisions of 2C:43-7, include a fixed minimum
sentence of not less than 5 years during which the defendant shall not be
eligible for parole. The court may not suspend or make any other
non-custodial disposition of any person sentenced as a second or subsequent
offender pursuant to this section. For the purpose of this section
an offense is considered a second or subsequent offense, if the actor has at
any time been convicted under sections 2C:14-2 or 2C:14-3a. or under any
similar statute of the United States, this state, or any other state for
an offense that is substantially equivalent to sections 2C:14-2 or
2C:14-3a.
L.1978, c. 95, s. 2C:14-6, eff. Sept. 1,
1979.
2C:14-7 Victim's previous sexual conduct; manner of dress.
2C:14-7. a. In
prosecutions for aggravated 
sexual
assault,, 
sexual
assault
, aggravated criminal 
sexual
contact, criminal 
sexual
contact, human
trafficking involving 
sexual
activity, endangering
the welfare of a child in violation of N.J.S.2C:24-4, or the fourth degree
crime of lewdness in violation of subsection b. of N.J.S.2C:14-4, evidence of
the victim's previous 
sexual
conduct shall not be
admitted nor reference made to it in the presence of the jury except as
provided in this section. When the defendant seeks to admit such evidence
for any purpose, the defendant must apply for an order of the court before the
trial or preliminary hearing, except that the court may allow the motion to be
made during trial if the court determines that the evidence is newly discovered
and could not have been obtained earlier through the exercise of due diligence.
After the application is made, the court shall conduct a hearing in camera to
determine the admissibility of the evidence. If the court finds that
evidence offered by the defendant regarding the 
sexual
conduct of the victim
is relevant and highly material and meets the requirements of subsections c.
and d. of this section and that the probative value of the evidence offered
substantially outweighs its collateral nature or the probability that its
admission will create undue prejudice, confusion of the issues, or unwarranted
invasion of the privacy of the victim, the court shall enter an order setting
forth with specificity what evidence may be introduced and the nature of the
questions which shall be permitted, and the reasons why the court finds that
such evidence satisfies the standards contained in this section. The
defendant may then offer evidence under the order of the court.
2C:14-7. a. In
prosecutions for aggravated sexual assault,, sexual assault, aggravated criminal sexual contact, criminal sexual contact, human
trafficking involving sexual activity, endangering
the welfare of a child in violation of N.J.S.2C:24-4, or the fourth degree
crime of lewdness in violation of subsection b. of N.J.S.2C:14-4, evidence of
the victim's previous sexual conduct shall not be
admitted nor reference made to it in the presence of the jury except as
provided in this section. When the defendant seeks to admit such evidence
for any purpose, the defendant must apply for an order of the court before the
trial or preliminary hearing, except that the court may allow the motion to be
made during trial if the court determines that the evidence is newly discovered
and could not have been obtained earlier through the exercise of due diligence.
After the application is made, the court shall conduct a hearing in camera to
determine the admissibility of the evidence. If the court finds that
evidence offered by the defendant regarding the sexual conduct of the victim
is relevant and highly material and meets the requirements of subsections c.
and d. of this section and that the probative value of the evidence offered
substantially outweighs its collateral nature or the probability that its
admission will create undue prejudice, confusion of the issues, or unwarranted
invasion of the privacy of the victim, the court shall enter an order setting
forth with specificity what evidence may be introduced and the nature of the
questions which shall be permitted, and the reasons why the court finds that
such evidence satisfies the standards contained in this section. The
defendant may then offer evidence under the order of the court.
b.
In the absence of clear
and convincing proof to the contrary, evidence of the victim's 
sexual
conduct occurring more
than one year before the date of the offense charged is presumed to be
inadmissible under this section.
In the absence of clear
and convincing proof to the contrary, evidence of the victim's sexual conduct occurring more
than one year before the date of the offense charged is presumed to be
inadmissible under this section.
c.
Evidence of previous 
sexual
conduct with persons
other than the defendant which is offered by any lay or expert witness shall
not be considered relevant unless it is material to proving the source of
semen, pregnancy or disease.
Evidence of previous sexual conduct with persons
other than the defendant which is offered by any lay or expert witness shall
not be considered relevant unless it is material to proving the source of
semen, pregnancy or disease.
d.
Evidence of the victim's
previous 
sexual
conduct with the
defendant shall be considered relevant if it is probative of whether a
reasonable person, knowing what the defendant knew at the time of the alleged
offense, would have believed that the alleged victim freely and affirmatively
permitted the 
sexual
behavior complained of.
e.
Evidence of the manner
in which the victim was dressed at the time an offense was committed shall not
be admitted unless such evidence is determined by the court to be relevant and
admissible in the interest of justice, after an offer of proof by the proponent
of such evidence outside the hearing of the jury or at such hearing as the
court may require, and a statement by the court of its findings of fact
essential to its determination. A statement by the court of its findings
shall also be included in the record.
f.
For the purposes of this
section, "
sexual
conduct" shall
mean any conduct or behavior relating to 
sexual
activities of the
victim, including but not limited to previous or subsequent experience of 
sexual
penetration or 
sexual
contact, use of
contraceptives, 
sexual
activities reflected in
gynecological records, living arrangement and life style.
amended 1988, c.69;
1994, c.95; 1995, c.237; 2013, c.51, s.17.
2C:14-8. Juveniles in need of supervision (J.I.N.S.) law not affected
Nothing in this
chapter shall be deemed to limit the jurisdiction of the court under P.L.1973,
c. 306 (C. 2A:4-42 et seq.).
L.1979, c. 178, s. 27A,
eff. Sept. 1, 1979.
