Burlington County Rape Lawyer
Knowledgeable Rape Defense Attorney in Burlington County, NJ, John B. Brennan, Developing Personalized Legal Strategies for Clients Charged With Sexual Assault
Allegations of rape or sexual assault carry enormous legal and personal consequences, even before a case ever reaches court. As a Burlington County rape lawyer, I understand how devastating these charges can be. I, Attorney John B. Brennan, believe that every person deserves a strong legal defense, not judgment. I fight to secure defendants charged with rape and other violent crimes the full legal protections they’re entitled to.
At The Law Office of John B. Brennan, I represent individuals throughout Burlington County and beyond who are facing some of the most serious criminal accusations under New Jersey law. Whether you are actively charged or are under investigation, speaking with a rape defense attorney in Burlington County, NJ, as early as possible can make a critical difference in the outcome of your case.
I invite defendants facing charges of rape and sexual assault to contact my office today for a free, confidential consultation. There’s no judgment, no cost, and no obligation.
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What Is Considered Rape Under New Jersey Law?
In New Jersey, the crime commonly referred to as “rape” is prosecuted under the state’s sexual assault statutes. Unlike some states, New Jersey law does not formally use the word “rape.” Instead, these offenses fall under N.J.S.A. 2C:14-2, which governs sexual assault and aggravated sexual assault.
Under this statute, a person may be charged with sexual assault if the prosecution alleges that sexual penetration occurred under certain prohibited circumstances, including but not limited to the following:
- The alleged victim did not give affirmative and freely given consent.
- Sexual penetration occurred through coercion or without the alleged victim’s affirmative and freely given permission, as defined under New Jersey law.
- The alleged victim was physically helpless or incapacitated, including due to alcohol, drugs, or another condition that rendered the alleged victim incapable of providing affirmative and freely given consent.
- The accused had supervisory or disciplinary authority over the alleged victim.
While some cases involve allegations of physical force or threats, New Jersey law does not require proof of physical violence in every sexual assault case; instead, the focus is on whether consent was affirmatively and freely given or whether coercion was present.
Unlike older formulations of rape laws, New Jersey’s sexual assault statute does not require proof of physical force in every case; instead, liability often turns on whether sexual penetration occurred through coercion or without the alleged victim’s affirmative and freely given permission.
As a Burlington County rape lawyer, part of my role is helping clients understand how prosecutors interpret these statutes and how the facts of a case may, or may not, actually satisfy the legal elements required for a conviction.
Understanding the Difference Between Sexual Assault and Aggravated Sexual Assault in New Jersey
Under New Jersey law, there is a critical distinction between sexual assault and the more serious crime of aggravated sexual assault. That distinction can dramatically affect the potential penalties, parole eligibility, and long-term consequences you face.
Sexual Assault
Sexual assault is generally charged as a second-degree offense under N.J.S.A. 2C:14-2(c). A person may be charged if the State alleges that sexual penetration occurred:
- Through coercion or without the alleged victim’s affirmative and freely given permission
- When the alleged victim was physically helpless or incapacitated
- When the alleged victim was detained, on probation, or on parole, and the accused exercised supervisory or disciplinary authority
- When the alleged victim was at least 13 but under 16 years old and the accused was at least four years older
- When the alleged victim was between 16 and 18 years old and the accused had a familial, supervisory, or authoritative relationship
A second-degree sexual assault conviction is less severe than an aggravated sexual assault conviction, but it can still permanently alter your life, reputation, and future opportunities.
Aggravated Sexual Assault
Aggravated sexual assault is charged as a first-degree offense under N.J.S.A. 2C:14-2(a) and may be alleged when sexual penetration occurs under particularly serious circumstances, including:
- When the alleged victim is under the age of 13
- When the alleged victim is at least 13 but under 16 and the accused used coercion or held a position of authority
- When the offense occurred during the commission or attempted commission of certain serious crimes, such as kidnapping, robbery, homicide, burglary, or criminal escape
- When the accused was aided or abetted by one or more other persons
- When the alleged victim suffered severe personal injury
A conviction for aggravated sexual assault carries lengthier prison sentences and other harsh penalties.
The difference between sexual assault and aggravated sexual assault is not merely semantic. It can make the difference between facing years or facing decades of incarceration. Prosecutors often pursue the most serious charge possible, even when the facts are disputed or open to interpretation. Part of my role is to challenge whether the alleged facts actually meet the legal threshold for an aggravated offense, or whether the charge is overstated altogether.
Types of Conduct That Can Lead to Rape or Sexual Assault Charges
Sexual assault charges in New Jersey can arise from a wide range of situations, many of which are far more complex than police reports or media headlines suggest. Prosecutors may pursue charges based on allegations involving:
- Acquaintance or date-related encounters
- Current or former romantic partners
- Situations involving alcohol or drugs
- Allegations of coercion or pressure rather than physical violence
- Claims involving authority figures, such as teachers or supervisors
It is important to understand that an accusation alone is not proof of guilt. Each case depends on specific facts, credibility, and evidence. A qualified rape defense attorney in Burlington County, NJ, will examine every detail and challenge assumptions that are often made too quickly.
Criminal Penalties and Long-Term Consequences of a Conviction
The penalties for a sexual assault conviction in New Jersey are severe. Depending on the degree of the charge, a conviction may result in:
- First-degree aggravated sexual assault: 10 to 20 years in New Jersey State Prison
- Second-degree sexual assault: 5 to 10 years in prison
- Mandatory periods of parole ineligibility in some cases
Beyond incarceration, the consequences often last a lifetime. As a Burlington County rape lawyer, I make sure clients understand that the impact extends far beyond the courtroom. A conviction can permanently affect:
- Your personal and professional reputation
- Employment opportunities and professional licensing
- College enrollment or financial aid eligibility
- Housing options, including rentals and public housing
- Family relationships and custody matters
Sex Offender Registration Under New Jersey’s Megan’s Law
One of the consequences of a rape conviction that most impacts defendants long-term is the possibility of being required to register as a sex offender. A conviction for sexual assault or aggravated sexual assault generally requires mandatory registration under New Jersey’s Megan’s Law. Registration can involve:
- Ongoing reporting to law enforcement
- Community notification requirements
- Placement on a public or semi-public registry
- Severe restrictions on where you can live or work
These requirements can follow you for decades and, in some instances, even for life. When building a defense strategy for a client charged with sexual assault, I treat Megan’s Law consequences as seriously as incarceration itself.
Parole Supervision for Life
In addition to prison and Megan’s Law registration, certain sexual assault and aggravated sexual assault convictions may result in Parole Supervision for Life (PSL) under New Jersey law. PSL imposes strict conditions long after release from custody, including monitoring, reporting requirements, and limitations on residence and behavior. Violating PSL conditions can result in new criminal charges and additional incarceration, making it one of the most serious long-term consequences of a conviction.
What the Prosecution Must Prove to Secure a Rape Conviction in New Jersey
To secure a conviction, the State must prove every element of the charged offense beyond a reasonable doubt. This often includes proving:
- That sexual penetration occurred
- That consent, as defined by law, was not present
- That the accused acted knowingly or purposely
- That any alleged aggravating circumstances existed
A rape defense attorney in Burlington County, NJ, will closely scrutinize whether the prosecution’s evidence actually meets this high burden or relies on assumptions, inconsistencies, or incomplete narratives.
Common Types of Evidence Used in Rape Cases
Prosecutors pursuing rape charges may rely on various forms of evidence, including:
- Statements made by the accuser
- Police body-cam footage or interrogation recordings
- Medical or forensic examinations
- DNA evidence or the absence thereof
- Text messages, social media, or call logs
- Witness testimony
To counter the prosecution’s case, I carefully evaluate how evidence was collected, whether constitutional rights were violated, and whether forensic evidence truly supports the allegations being made.
Potential Defenses to Rape and Sexual Assault Charges
Every case is different, and defenses depend on the facts, evidence, and credibility issues involved. Potential defense strategies against charges of rape and sexual assault may include:
- The presence of affirmative, freely given consent
- False or exaggerated allegations
- Mistaken identity
- A lack of reliable physical or forensic evidence
- Constitutional violations during the investigation or arrest
An experienced rape defense attorney will tailor a defense strategy that reflects your specific circumstances rather than relying on generic approaches.
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Count on an Experienced Rape Defense Attorney in Burlington County, NJ to Challenge the Evidence Against You
When the State brings a rape or sexual assault charge, the prosecution’s case often appears overwhelming at first glance. Police reports, forensic claims, and witness statements can be presented as if they are beyond dispute, but that’s not necessarily true. As your rape defense attorney, my job is to look past the surface and aggressively test whether the evidence truly supports the charges being filed.
Evidence Collection and Chain of Custody
I begin by examining how evidence was collected, handled, and preserved, paying close attention to the chain of custody for any physical or forensic evidence. Evidence that is improperly stored, transferred without proper documentation, or exposed to contamination may be unreliable or inadmissible in court. Even small breaks in the chain of custody can raise serious doubts about whether the evidence is what the prosecution claims it to be.
Witness and Accuser Credibility
Many rape cases also hinge on credibility, particularly in so-called “he-said, she-said” situations where there are no neutral eyewitnesses. In these cases, the outcome often depends on which version of events the jury believes. I carefully analyze prior statements, inconsistencies, motives to fabricate or exaggerate, and outside influences that may affect a witness’s account. Cross-examining witnesses effectively can expose contradictions and reasonable doubt that are not apparent from a police report alone.
Constitutional Rights Violations
If your constitutional rights were violated, such as being questioned without proper Miranda warnings, subjected to an unlawful search or seizure, or arrested without probable cause, that misconduct may provide grounds to suppress key evidence or statements. Constitutional violations can weaken or even dismantle the prosecution’s case, which is why I scrutinize law enforcement conduct from the very beginning of the investigation.
By methodically challenging the evidence, questioning credibility, and holding police and prosecutors accountable to the law, I work to protect your rights and put the State to its burden of proof. With the right defense strategy, evidence can be challenged, narratives can be questioned, and your future can still be defended.
How The Law Office of John B. Brennan Can Help
When you hire me, you work directly with me, not an associate or case manager. I take a hands-on approach to every case, from investigation through resolution. As a Burlington County rape lawyer, I focus on:
- Conducting an independent investigation
- Consulting with forensic and medical experts when necessary
- Challenging unlawful police procedures
- Preparing cases aggressively for trial while exploring all legal options
I understand how isolating these charges can feel. My role is to stand between you and the prosecution and ensure your rights are protected at every stage.
Making the Choice Between a Public Defender and a Dedicated Private Criminal Defense Attorney
When you are facing a charge as serious as rape or sexual assault, the quality of your legal representation matters. While public defenders work hard under difficult circumstances, they are often burdened with overwhelming caseloads and limited resources. This reality can restrict the time and attention they are able to devote to any one case.
By retaining private counsel, you gain an advocate whose sole focus is protecting your rights and best interests. At The Law Office of John B. Brennan, I am able to take a hands-on, strategic approach. I personally investigate the facts, scrutinize the prosecution’s evidence, consult with experts when necessary, and respond quickly as your case evolves. This level of individualized attention can be especially critical in rape cases, where credibility, forensic evidence, and constitutional issues often determine the outcome.
My goal is not simply to process your case through the system, but to actively challenge the charges and pursue the most favorable resolution possible under the circumstances.
Why Choose The Law Office of John B. Brennan as Your Burlington County Rape Lawyer?
Choosing the right defense attorney is one of the most important decisions you will ever make. As a Burlington County rape lawyer, I know what is at stake and treat every case with the seriousness it deserves.
Decades of Legal Experience Spanning Prosecution and Defense
In addition to the years I have devoted to defending the accused, I spent 25 years on the other side of the courtroom as a criminal prosecutor. This background gives me deep insight not only into how prosecutors build cases but also into how to identify weaknesses in their evidence, arguments, and procedures.
Aggressive Representation to Challenge the Rape Case Against You
I do not simply accept the prosecution’s version of events. Instead, I carefully scrutinize evidence, question witness credibility, and challenge unlawful or improper law enforcement conduct at every opportunity to counter the prosecutor’s arguments, assumptions, and basis for charging you with sexual assault.
Comprehensive Support at Every Stage of the Criminal Justice Process
From investigation and charging decisions through trial or resolution, I provide steady guidance and hands-on advocacy so you understand your options. With my criminal defense law firm representing your interests, you will never be left navigating the system alone.
Preparedness to Fight for My Clients in Court
While some cases may resolve without trial, I prepare every matter as if it will be litigated aggressively in court. Through this approach, I let the prosecution know that I am ready to defend my clients fully and forcefully.
Contact a Burlington County Rape Lawyer at The Law Office of John B. Brennan Today for a Free Consultation
Speaking with a rape defense attorney as soon as possible allows you to make informed decisions and begin protecting your future. Early missteps can have lasting consequences, but securing the guidance and advocacy of a defense attorney with knowledge of local courts, prosecutors, and procedures in Burlington County can help you make the right moves from the start. You have legal options, and I’m here to help you understand and explore them.
The first step to a strong defense against rape charges in Burlington County, NJ, is reaching out to The Law Office of John B. Brennan for a free, confidential consultation. Contact my criminal defense law firm online or call 856-446-5123 today to get started.
Frequently Asked Questions About Rape Crimes in Burlington County and Throughout South Jersey
Even if you believe you are innocent, speaking to the police without legal counsel can seriously jeopardize your case. Law enforcement officers are trained to gather evidence that supports a prosecution, not to protect your interests, and even well-intentioned statements can be misunderstood, taken out of context, or used against you later. I strongly advise consulting with an attorney before answering questions, giving a statement, or participating in any interview so your rights are protected from the outset.
One of the most common misconceptions is that silence, lack of resistance, prior sexual history, or a past relationship automatically equals consent. Under New Jersey law, consent must be affirmative and freely given, and it can be withdrawn at any time. Another frequent issue arises in cases involving alcohol or drugs, where prosecutors may argue that an alleged victim was incapable of consenting, regardless of how the interaction appeared at the time. These cases are especially complex and fact-dependent.
New Jersey’s age-of-consent laws include important distinctions based on age differences and authority relationships. While the general age of consent is 16, N.J.S.A. 2C:14-2(c)(4) addresses situations involving alleged victims between the ages of 13 and 15 when the accused is at least four years older. These provisions are narrowly applied, and other factors, such as positions of authority, coercion, or additional conduct, can still lead to serious criminal charges. Because these cases are highly fact-specific, it is critical not to assume that close-in-age circumstances automatically eliminate criminal exposure.
In most cases, a conviction for sexual assault or aggravated sexual assault in New Jersey triggers mandatory registration under Megan’s Law. Registration can involve ongoing reporting requirements, possible community notification, and long-term or lifetime restrictions on housing and employment. The exact obligations depend on the offense and the tier assigned, but sex offender registration is often one of the most enduring and disruptive consequences of a conviction.
Yes. A rape or sexual assault conviction can occur even without physical or forensic evidence. Prosecutors may rely heavily on testimony, statements, digital communications, or circumstantial evidence, particularly in “he-said, she-said” cases. That said, the absence of physical evidence can be a critical issue for the defense, and challenging credibility, inconsistencies, and the State’s burden of proof is often central to these cases.
The No Early Release Act (NERA) can apply in certain sexual assault and aggravated sexual assault cases, depending on the degree of the charge and the specific facts proven. In some cases, the court or jury must determine whether the offense qualifies as a “violent crime” under NERA. When NERA applies, it requires a defendant to serve at least 85% of the imposed prison sentence before becoming eligible for parole, significantly increasing actual time served.
Generally, convictions for sexual assault and aggravated sexual assault are not eligible for expungement under New Jersey law and can remain on a person’s criminal record permanently. These offenses are specifically excluded from the state’s expungement statute, meaning they can remain on your criminal record permanently. This is why it is so critical to fight the charges aggressively from the beginning rather than assuming there will be an opportunity to clear your record later.