Few accusations are as devastating as sexual assault. The mere allegation can shatter a reputation, destroy a career, and upend a family before a single day in court. When the case lacks DNA evidence or third-party witnesses, it often devolves into what is commonly known as a “he said, she said” scenario.

Many defendants feel helpless in this situation, fearing that a jury will automatically side with the accuser. However, I’m Certified by the Supreme Court of New Jersey as a Criminal Trial Attorney who has successfully defended clients against these exact charges—including securing full acquittals*—I know that a lack of physical evidence is often the prosecution’s greatest weakness, not yours.

This guide explains the reality of defending against sexual assault charges in New Jersey, the severe penalties at stake, and how a strategic defense can expose the truth.

*Criminal cases are fact-specific, and past results, such as acquittals or directed verdicts, do not guarantee a similar outcome in future cases.

Understanding the “He Said, She Said” Defense

In criminal law, a “he said, she said” case is one where the primary evidence against the defendant is the testimony of the accuser. There is often no video footage, no forensic proof, and no eyewitnesses to the alleged event.

While this sounds terrifying, it places a heavy burden on the State. In New Jersey, the prosecution must prove guilt beyond a reasonable doubt. “He said, she said” is not a coin flip; it is a rigorous test of credibility.

How We Dismantle These Cases

We do not simply rely on your word against theirs. A successful defense strategy involves a meticulous dissection of the accuser’s narrative:

1. Credibility & Inconsistencies: We compare the accuser’s initial police statements with their testimony at trial. Even minor shifts in the timeline or details can reveal fabrication or memory failure.

2. Motive to Fabricate: False allegations often stem from underlying issues—child custody battles, bitter breakups, jealousy, or financial gain. We investigate the context of the relationship to find why someone might lie.

3. Digital Forensics: Text messages, social media posts, and GPS data can often contradict an accuser’s timeline or show a consensual relationship that was later reframed as assault.

4. Cross-Examination: This is where cases are won or lost. In my 2023 trial defense of a karate instructor in Essex County, a systematic cross-examination exposed the flaws in the testimony, leading the jury to return a verdict of not guilty on all counts.

Potential Charges & Penalties in New Jersey

New Jersey treats sex crimes with extreme severity. Most sexual assault convictions fall under the No Early Release Act (NERA), meaning you must serve 85% of your sentence before even being eligible for parole.

1. Aggravated Sexual Assault (First Degree)

This is the most serious classification. It typically involves the use of a weapon, severe physical force, or a victim under the age of 13.

• Prison Sentence: 10 to 20 years (up to Life for victims under 13).

• Fines: Up to $200,000.

• Parole: Mandatory 85% served (NERA).

• Collateral: Megan’s Law Registration (Tier 2 or 3) and Parole Supervision for Life (PSL).

2. Sexual Assault (Second Degree)

This generally involves sexual penetration using coercion or force (without severe injury) or situations where the victim could not consent (e.g., mentally incapacitated).

• Prison Sentence: 5 to 10 years.

• Fines: Up to $150,000.

• Parole: Mandatory 85% served (NERA).

• Collateral: Megan’s Law Registration and Parole Supervision for Life (PSL).

3. Criminal Sexual Contact (Fourth Degree)

This involves intentional touching of intimate parts for sexual gratification or to humiliate the victim. If “aggravating” factors are present (e.g., force), it becomes a Third Degree crime.

• Prison Sentence: Up to 18 months (4th Degree) or 3–5 years (3rd Degree).

• Collateral: Potential Megan’s Law Registration depending on the circumstances.

The Long-Term Consequences: Megan’s Law & PSL

Beyond prison, New Jersey imposes lifetime monitoring on convicted sex offenders.

• Megan’s Law Registration: You may be required to register with the police for life. Depending on your “Tier” classification, your photo, address, and crime details could be published on the New Jersey Sex Offender Internet Registry for neighbors and employers to see.

• Parole Supervision for Life (PSL): Even after your prison sentence ends and your parole is finished, you remain under state supervision forever. You may need permission to move, travel, or use the internet, and a single violation can send you back to prison.

Frequently Asked Questions (FAQ)

Q: Can I be convicted if there is no DNA evidence? A: Yes. New Jersey law allows a jury to convict based solely on the testimony of a victim if they find that person credible. This is why hiring an attorney with specific trial experience in sex crimes is critical—you need someone who knows how to challenge that testimony effectively.

Q: What if the accuser waited years to report the assault? A: “Delayed reporting” is common and does not automatically get a case dismissed. However, it creates a defense opportunity. We can question why the delay occurred and investigate whether the memory of the event has been distorted or influenced over time.

Q: Should I talk to the police to explain my side? A: Absolutely not. Police are trained to extract confessions, not to exonerate you. Even innocent statements can be twisted to corroborate the accuser’s story. Invoke your right to counsel and remain silent until you have spoken to an attorney.

Q: What is the difference between Sexual Assault and Criminal Sexual Contact? A: The main legal distinction is penetration. Sexual Assault requires penetration (however slight), while Criminal Sexual Contact involves touching of intimate parts. Both carry life-altering consequences.

Don’t Face These Charges Alone

When your freedom and reputation are on the line, you need a defense that is aggressive, meticulous, and proven in the courtroom.

Call Brett M. Rosen, Esq. today for a confidential consultation. We serve clients in Union, Essex, and surrounding counties. Call today at 908-312-0368

Disclaimer: The information contained in this blog post is for informational purposes only and does not constitute legal advice. Reading this article does not establish an attorney-client relationship. Criminal cases are fact-specific, and past results, such as acquittals or directed verdicts, do not guarantee a similar outcome in future cases. If you are facing criminal charges, please consult with a qualified attorney immediately.