Casinos throughout Atlantic City commonly have nightclubs, hotels, and bars attached to them. In these places, people may be out to have a good time and may overindulge, potentially leading to questionable activities and blurring the lines on consent. If you were accused of rape or sexual assault that occurred in or around a casino in Atlantic City, call our Atlantic City rape in a casino lawyers today.
The Law Offices of John J. Zarych’s criminal defense attorneys represent those charged with serious crimes like sexual assault, and our attorneys will fight to protect your rights and ensure a fair trial. Our lawyers work to get charges dropped and dismissed. To schedule a free, confidential legal consultation, contact our law offices today at (609) 616-4956.
Rape Charges in Atlantic City
If you were arrested and charged with rape, it is important to understand the legal definition of the crime you are accused of committing. In some cases, your conduct may not rise to the level of a crime, and the charges may be inappropriate. Our attorneys explain what constitutes rape and sexual assault in New Jersey.
The crime of rape in New Jersey is officially called “sexual assault.” This statute, N.J.S.A. § 2C:14-2, creates two crimes: sexual assault and aggravated sexual assault. Sexual assault is the basic rape offense in New Jersey, while aggravated sexual assault covers more severe conduct and has higher penalties.
Sexual assault consists of sexual penetration under circumstances that show there was a lack of consent. Rather than looking at the actual consent, this statute makes it a crime if the sexual activity occurred under one of the following circumstances:
- The actor used force
- The victim was incarcerated or under supervision, and the actor was a guard or probation officer
- The victim is 16 or 17, and the actor is a relative, a supervisor, or a parent
- The victim is 13, 14, or 15, and the actor is four or more years older
Aggravated sexual assault is sexual activity under more severe conditions that show a greater use or force, violence, or harm to the victim. The circumstances for aggravated assault include any of the following:
- The victim is under 13 years old
- The victim is 13, 14, or 15 years old, and the actor is a relative, a supervisor, or a parent
- The crime happened during the course of another crime
- The actor used a weapon
- The actor had assistance from an accomplice
- The actor used force and caused “severe personal injury”
- The victim was “helpless or incapacitated” whether from mental conditions, drugs, or sleep
Use of force that causes severe injuries automatically upgrades the crime to aggravated assault, as does using drugs or large amounts of alcohol on the victim to make them unconscious or incapacitated.
What are the Penalties for Rape in a Casino in NJ?
The penalties associated with rape offenses are quite severe. Aggravated assault is one of the most harshly punished crimes under New Jersey law, and simple sexual assault is not far behind in penalties.
Sexual assault is a second degree crime in New Jersey. That means that the crime is punished with 5-10 years in prison and fines up to $150,000. Aggravated sexual assault is instead a first degree crime punished with 10-20 years in prison and fines up to $200,000.
In the case of any sexual crime, you may also be required to register as a sex offender. This registration requirement can last for a set number of years or the rest of your life. Failing to register has its own penalties.
Instead of jail time, you may be eligible for probation. Probation allows you to stay out of jail as long as you follow strict requirements for check-ins, supervision, remaining free from crime, and following other rules. Violating any probation terms can send you straight to jail.
Sexual Assault in a Casino
Sexual assault offenses can occur a number of ways in a casino. The crime of sexual assault does not apply to inappropriate touching performed without consent. Instead, things like groping someone without their consent would be charged as “criminal sexual contact” under § 2C:14-3 instead.
The crime of rape, known as sexual assault, is reserved only for crimes involving sexual penetration. This means forcible rape or sexual assault involving drugs or alcohol may be charged under this statute. These crimes are often charged for relations that occur in hotel rooms, secluded areas, or other private areas at casinos, nightclubs, and bars. If you were charged with rape under one of these circumstances, talk to an attorney today.
Atlantic City Defense Lawyers for Rape in a Casino
If you were charged with rape or sexual assault in a casino in Atlantic City, contact our law offices today. The Law Offices of John J. Zarych’s Atlantic City rape in a casino attorneys represent the accused and fight to get charges dropped or reduced. To schedule a free, confidential consultation on your case, contact our law offices today at (609) 616-4956.