[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.njcriminaldefensefirm.com\/blog\/how-aggravated-sexual-assault-charges-are-affected-by-the-age-of-the-victim\/#BlogPosting","mainEntityOfPage":"https:\/\/www.njcriminaldefensefirm.com\/blog\/how-aggravated-sexual-assault-charges-are-affected-by-the-age-of-the-victim\/","headline":"How a Victim’s Age Affects Aggravated Sexual Assault Charges in NJ","name":"How a Victim’s Age Affects Aggravated Sexual Assault Charges in NJ","description":"Aggravated sexual assault is one of the most serious criminal charges in the New Jersey criminal justice system, but a charge of aggravated sexual assault of a child can result in even more severe penalties. The age of the victim can be the deciding factor in whether a person is charged with sexual assault or […]","datePublished":"2025-02-25","dateModified":"2025-08-19","author":{"@type":"Person","@id":"https:\/\/www.njcriminaldefensefirm.com\/blog\/author\/njcriminaldefensefirm\/#Person","name":"Keith Oliver Criminal Law","url":"https:\/\/www.njcriminaldefensefirm.com\/blog\/author\/njcriminaldefensefirm\/","identifier":8,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/eea6bf238055b0a92b0fd9a26bcfdcabbb3a035497bf65cc7d3ba0ef726197ae?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/eea6bf238055b0a92b0fd9a26bcfdcabbb3a035497bf65cc7d3ba0ef726197ae?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Keith Oliver Criminal Law","logo":{"@type":"ImageObject","@id":"http:\/\/www.njcriminaldefensefirm.com\/wp-content\/uploads\/2022\/03\/logo-footer.png","url":"http:\/\/www.njcriminaldefensefirm.com\/wp-content\/uploads\/2022\/03\/logo-footer.png","width":205,"height":68}},"image":{"@type":"ImageObject","@id":"https:\/\/www.njcriminaldefensefirm.com\/wp-content\/uploads\/2025\/02\/How-Aggravated-Sexual-Assault-Charges-Are-Affected-by-the-Age-of-the-Victim.png","url":"https:\/\/www.njcriminaldefensefirm.com\/wp-content\/uploads\/2025\/02\/How-Aggravated-Sexual-Assault-Charges-Are-Affected-by-the-Age-of-the-Victim.png","height":660,"width":1000},"url":"https:\/\/www.njcriminaldefensefirm.com\/blog\/how-aggravated-sexual-assault-charges-are-affected-by-the-age-of-the-victim\/","about":["Sex Crimes"],"wordCount":1013,"articleBody":"Aggravated sexual assault is one of the most serious criminal charges in the New Jersey criminal justice system, but a charge of aggravated sexual assault of a child can result in even more severe penalties. The age of the victim can be the deciding factor in whether a person is charged with sexual assault or aggravated sexual assault and with the length of any prison sentence issued upon conviction.Aggravated Sexual Assault Under New Jersey LawWhat is aggravated sexual assault of a child? It is a sexual assault that is made worse by some aggravating factor, including the age of the victim.\u00a0New Jersey law defines sexual assault as:Using coercion or physical force to sexually penetrate someone without their consentSexually penetrating someone who is at least 16 but less than 18 years old when you are related to them or in a parental role or otherwise in authority over themSexually penetrating someone who is at least 13 but less than 16, regardless of your relationship with themIn New Jersey, sexual assault is a crime of the second degree. Aggravated sexual assault is a more serious crime, with aggravating factors such as:The victim is less than 13 years old\u00a0\u00a0The victim is at least 13 but less than 16 when you are related to them or in a parental role or have authority over themThe victim was assaulted during the commission of other crimesThe attacker had a dangerous weaponSomeone else aided or abetted the assaultThe victim was mentally incapacitated or physically helpless, and the attacker was aware of this fact when committing a sexual actThe attacker inflicted severe bodily injury on the victimAggravated sexual assault is a crime of the first degree in New Jersey.Role of the Victim\u2019s Age in Determining ChargesAccording to the Bureau of Justice, young people, in general, are especially vulnerable to violent crimes of all kinds. For example, over 52 percent of rape or sexual assault victims are females below 25 years old. The victim\u2019s age is often the determining factor in whether prosecutors charge a person with sexual assault or aggravated sexual assault. For instance, if a sexual assault victim is under 13, the charge is aggravated sexual assault. If the victim is 14 but the alleged attacker is a parent or stepparent, the charge is aggravated sexual assault. However, if the victim is 16 under the same circumstances, the charge is sexual assault rather than aggravated sexual assault. The age of the victim determines the severity of a sexual assault charge because society severely condemns crimes against children.\u00a0Potential Penalties for Aggravated Sexual AssaultThe potential penalties for aggravated sexual assault in New Jersey are severe. As a first-degree crime, aggravated sexual assault is punishable by 10 to 20 years in prison, but the sentence can be even more severe depending on the circumstances. According to the Manual on New Jersey Sentencing Law, a conviction for aggravated sexual assault when the victim was under age 13 carries a sentence of 25 years to life, with no possibility of parole for 25 years. If you\u2019ve been charged with aggravated sexual assault of a child, you need a vigorous defense to avoid these severe penalties.Common Defenses in Cases Involving Minor VictimsCommon defense strategies used in cases involving minor victims include:Alibi \u2013 If you can prove that you cannot have committed the offense because you were somewhere else at the time, then this is the strongest possible defense to a sexual assault charge.Misidentification \u2013 It is not as easy to remember another person\u2019s face as prosecutors want the jury to believe. If you can provide evidence that the victim misidentified you as the attacker, you may be able to convince the jury that you were not the person who committed the crime.False accusation \u2013 This defense is most common when the sexual assault charges occur in the context of a bitter custody dispute, and there is a possibility that an ex has pressured a child to make false accusations against the other parent.Consent is not a defense against charges of aggravated sexual assault if the victim is a child. By definition, children cannot consent to sexual contact because they do not have the capacity to do so.Impact of Age on Plea Bargains and Trial StrategiesThe age of the victim can impact the possibility of a plea bargain in an aggravated sexual assault case. According to the Manual on New Jersey Sentencing Law, the penalty for aggravated sexual assault goes up to 25 years to life if the victim is under 13. However, after consulting with the victim, a prosecutor may offer a sentence of 15 years with no parole as part of a plea bargain.\u00a0The victim’s age also impacts the trial strategy your criminal defense lawyer will use. Juries typically see younger victims as especially vulnerable and may be more likely to assume that the accused is guilty despite the principle of \u201cinnocent until proven guilty.\u201d Your attorney will need to overcome this assumption to defend you effectively.How Keith Oliver Can Help You Navigate Complex Cases\u00a0If you\u2019ve been charged with aggravated sexual assault of a child in New Jersey, you face the possibility of a lengthy prison sentence. Spending years in prison is a terrifying prospect for anyone, but your best chance to avoid that outcome is to hire an experienced criminal defense lawyer.Keith Oliver Criminal Law is a New Jersey criminal defense firm with a track record of winning dismissals and acquittals on many criminal charges, including aggravated sexual assault. We will use our top-notch investigative and strategic skills to give you the strongest possible defense against your charges.Our New Jersey criminal defense lawyers know how to aggressively defend you against these charges and get the best results possible in your situation. We take pride in our ability to help our clients navigate complex and challenging cases. We offer a free case review to help you understand the charges and your best options under the circumstances. Contact Keith Oliver Criminal Law today to get the vigorous defense you need. "},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/www.njcriminaldefensefirm.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"How a Victim’s Age Affects Aggravated Sexual Assault Charges in NJ","item":"https:\/\/www.njcriminaldefensefirm.com\/blog\/how-aggravated-sexual-assault-charges-are-affected-by-the-age-of-the-victim\/#breadcrumbitem"}]}]