The age of consent in New Jersey, for men and women is 16. This applies both to heterosexual and homosexual relationships. This means that at 16, a person in New Jersey may legally agree to have sex with an adult, in most cases.

A different set of rules applies to situations where there is an imbalance of power. If the older person has authority over the younger, such as an employer, coach, teacher or pastor, then the age of consent is usually 18 or even 21. This is to prevent sexual exploitation of young people by adults.

The New Jersey age of consent laws are complex, as elsewhere. That’s because the state recognizes that adolescents often engage in non-exploitive sexual relationships with people near their own age. Like 27 other U.S. states, New Jersey uses the age differential to distinguish these relationships from more harmful ones. Under New Jersey law, a person aged 13 or older usually can consent to sex with someone who is less than 4 years older. Under New Jersey law, a 15-year-old girl could legally consent to sex with her 17-year-old boyfriend, but not his 35-year-old uncle. Under New Jersey law, no one under 13 may legally consent to sex, regardless of the circumstances.

Age of consent is a moot point in cases where the individual is mentally retarded, mentally ill or otherwise incapable of giving informed consent. Virtually all states have laws severely punishing this type of sexual exploitation.

Violations of the New Jersey age of consent laws carry stiff penalties. The crime of aggravated sexual assault involves penetration with a victim under the age of 13. This crime carries a penalty of 10 to 20 years in prison.

Under the New Jersey age of consent laws, sexual assault is sexual penetration with a victim between the ages of 13 and 16, when the offender is at least four years older. Persons found guilty of this law are sentenced to 5 to 10 years in prison.

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This entry was posted on Thursday, November 9th, 2006 at 1:34 pm and is filed under Age of Consent Laws, Family Laws. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.