Many sex crime cases involve the question of consent. In New Jersey, the age of consent is 16. However, under some circumstances, consensual sex between legal adults can still lead to a sexual assault charge if one of the parties is in a position of authority over the other.

Under New Jersey state law, a person can face a sexual assault charge if “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.”

Authorities in Morris County allege that a 28-year-old teacher had sex with an 18-year-old man who was a court-ordered resident of a drug treatment facility where the teacher worked. Now the teacher is charged with sexual assault. She was arrested in early November after the facility sent information to police.

The teacher’s bail was set at $150,000, and the judge did not allow a 10-percent option. The teacher was unable to post that amount and consequently was sent to the county correctional facility. She was also ordered not to have any contact with the 18-year-old man or anyone under age 18.

An article in NorthJersey.com has more details on the case.

Every person who has been charged with a crime has a right to challenge the prosecution’s claims. Sexual assault allegations are very serious, and anyone accused of such an offense should have a criminal defense attorney assess the facts of the case and develop an effective defense strategy. To learn more, please visit our Sexual Assault Defense overview.