Long Branch Cop Charged with Criminal Sexual Contact
Facing a Criminal Sexual Contact Charge in Long Branch
Criminal sexual contact is the most serious charge that the officer if facing. As mentioned above, it is considered a fourth degree indictable offense, which is New Jersey’s version of a felony. If convicted, the Defendant would be facing anywhere up to eighteen months in a New Jersey State Prison and a fine up to $10,000. Unlike most sex offenses, criminal sexual contact would not require a Defendant to register under Megan’s Law unless the vicim in the case was a minor. In order to be convicted of criminal sexual contact in New Jersey, the prosecution must prove the following elements:
- First, the prosecution must prove that the Defendant committed an act of sexual contact, which has been defined as “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”.
- If the prosecution can establish the sexual contact they then must also establish that the contact occurred under one of the following circumstances:
- That the Defendant used physical force or coercion in order to commit the contact but the victim does not sustain severe personal injury;
- That the victim was on probation or parole, or is detained in a hospital, prison or other institution and the Defendant has supervisory or disciplinary power over the victim by virtue of the actor’s legal, professional or occupational status;
- That the victim is at least 16 but less than 18 years old and:
- The Defendant is related to the victim by blood or affinity to the third degree; or
- The Defendant has supervisory or disciplinary power of any nature or in any capacity over the victim; or
- The Defendant is a resource family parent, a guardian, or stands in loco parentis within the household;
- The victim is at least 13 but less than 16 years old and the Defendant is at least four years older than the victim.
Under the circumstances above, the Defendant is alleged to have committed the sexual contact for the purposes of sexual arousing himself and that he used some form of physical force or coercion in order to commit the contact.
Criminal Sexual Contact Lawyers in Monmouth County NJ
If you or a loved one has been charged with a serious indictable offense like criminal sexual contact, aggravated sexual assault, endangering the welfare of a child, sexual assault or aggravated criminal sexual contact in Monmouth County, the Law Office of Proetta & Oliver can help. Our office is a Monmouth County based criminal defense firm that is comprised of attorneys who have dedicated their careers to defending those accused of crimes. If you would like to set up a free initial consultation with one of our criminal defense attorneys today about your options, then please contact our office at 732.858.6959. We serve all of Monmouth County, including towns like Middletown, Freehold, West Long Branch, Howell, Tinton Falls, Neptune, Manalapan, Marlboro and Atlantic Highlands.
For more information on this incident, please checkout Asbury Park Press’s article labeled Long Branch cop charged with touching woman for his ‘sexual arousal’.