Legal Question in Criminal Law in New Jersey

Sexual Assault and Endangering Welfare

Is there any defense for sexual contact between a 22 year old male and a 14 year old who misrepresented her age to numerous people as being 16 and even provided the information in a falsified birth certificate)? I understand that this misrepresentation of age might be a mitigating circumstance in sentencing, but is there any acceptable defense strategy to NJSA 2C:14-2c(1) and NJSA 2C:24-4a charges under current NJ law? There was a relationship prior to sexual contact, but at age 14, you're too young to consent and I understand that prior sexual history is not admissable.


Asked on 2/20/04, 1:04 am

3 Answers from Attorneys
Savyon Grant Law Office of Savy Grant

Re: Sexual Assault and Endangering Welfare

There may be depending on the facts and how it occurred? I will be very happy to give you a free phone consultation. I can be reached at 201-646-9600.

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Answered on 2/20/04, 2:29 pm
Gary Moore Gary Moore Attorney At Law

Re: Sexual Assault and Endangering Welfare

There is no technical defense. An underage person can not consent to having sexual intercourse. Skillful, legal counsel can steer you through this problem. You should call me.

Gary Moore, Esquire

Hackensack, New Jersey

800 273 7933

www.garymooreattorneyatlaw.com

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Answered on 2/20/04, 3:04 am
Rafael Gomez Rafael Gomez, Attorney at Law, P.C.

Re: Sexual Assault and Endangering Welfare

You're right, the misrepresented age is not a technical defense. But depending on this "prior" relationship there may be a defense that she has an ulterior motive for perhaps making up these charges. I tried a case with similar circumstances where the jury did not believe a word the young lady said because she wanted more than just a "friendship" from the man so she accused him of rape when he decided things might get to hot. Without more info. I cannot give you more specifics. call for appointment 201-646-9799

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Answered on 2/20/04, 9:55 am


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