Yes, Women Can Absolutely Face Sexual Assault Charges

Posted February 28th, 2019 by .

Categories: Criminal Defense.

Yes, Women Can Absolutely Face Sexual Assault ChargesSociety has its own opinions. However, the laws in New Jersey are gender neutral. Truth be told, there’s no reason to think anything else. Yes, women can absolutely face sexual assault charges.

Talk to some people, and they’ll admit the basis for their thoughts. Take for example sexual assault charges where consent is an issue. Truth be told, when it comes to accusations against anyone in authority, age becomes just a part of the overall picture.

Meanwhile, some fathers look at things from different perspectives when it comes to their children. They reminisce back to their school days and wish they had a “hot” teacher come on to them. However, turn the story around. When these same dads believe a male educator molested their daughters – they’re ready to go in and take up justice on their own.

Media coverage treats accused female sex offenders differently as well. Take a look at the headlines regarding an Essex County teacher facing charges for sexual assault. In announcing that she was now the subject of civil lawsuits, one news outlet pointed out that she was also a “mom charged in sex romps with six teen boys.”

From all appearances, this particular case still awaits trial. In the meantime, it seems the defendant plans to assert a number of defenses, including one claiming duress. In fact, in State v. Dufault, the New Jersey Appellate Court ruled regarding the defendant’s request for the juvenile records of her alleged victims.

Why’s that? NJSA 2C:2-9 provides the guidelines for duress defenses. Part of asserting a duress defense requires the accused to “demonstrate the sincerity of his or her alleged belief of imminent harm.”

Women as Sexual Assault Offenders

As a female teacher, coach or babysitter, you most likely know the onus remains on you when minors are in your care. Boys and girls alike may accuse you of any kind of harm. Of course, proving your innocence becomes your focus.

In the meantime, it’s not just children that claim that a woman touched them inappropriately. Although it’s not always reported, men can also be date rape victims. They may argue that they were too intoxicated to give consent.

A little less than a decade ago, the Center for Disease Control and Prevention published survey results on sexual violence.  A high percentage of male victims alleging forced penetration named a female as the perpetrator.

NJSA 2C:14-1 provides the statutory definitions for sexual penetration. It concerns more than vaginal intercourse. For example, a male or female victim may claim that a woman forced him to perform cunnilingus. In fact, non-consensual oral sex represents sexual assault.

Women face sexual assault charges from other women as well. However, statistics regarding woman-to-woman rape are less known. Nonetheless, they clearly exist.

Contact Us

The Law Offices of Anthony Carbone has three decades of experience representing individuals facing sexual assault charges. We work with our clients to provide a solid legal criminal defense. Call us to discuss your arrest and how we can help you.

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