You’re listening to the Ask Ava Podcast, where we give real answers to real questions from teens and young adults about relationships, consent, dating violence, and more.
My name is Jessica Skultety. I’m an Outreach and Prevention Manager at Safe+Sound Somerset. We are Somerset County, New Jersey’s lead organization for domestic and sexual violence services and prevention, and we have free services for children, teens, and adults who witness or experience violence.
Today’s question is: Dear Ava, What kinds of trouble do people get into for crimes like sexual assault?
So, sexual assault is a crime and if someone is charged, the punishment can change depending on the state you live in, the country you live in. Keep in mind that the large majority of cases are never tried or found guilty, and many survivors of sexual assault and domestic violence never report at all.
There are a lot of reasons for this, that they might not report. Some survivors think they won’t be believed, because we have a culture of victim blaming or you know, diminishing someone’s experience and not understanding or even trying to listen to what they’ve gone through. Um, some survivors feel ashamed. They don’t want to relive assault over and over during the court process, so they don’t report.
Often, it’s also a problem because survivors sometimes get targeted by, you know, harassment for reporting. There could be like, mutual family and friends or community members who know both the survivor and the harmdoer, and that opens them up to harassment or suspicion and things like that. So, those are some reasons why people don’t always report. But, it’s also really important when we talk about this question to remember that even beyond possible punishment for the harmdoer, sexual assault is often traumatic for a survivor, and it can affect the rest of their life.
So, today we’re going to talk in general about some of the punishments that a perpetrator or harmdoer might have for sexual assault. If you have specific questions, it’s best to speak with a lawyer – this is not legal advice.
So, in NJ, there are different degrees of charges for sexual assault. Those degrees are first, second and third. They include different ranges for years of imprisonment. These charges also include thousands of dollars in fines. So, for example, if someone is charged with first degree sexual assault, it can carry a maximum fine of up to $200,000.
Charges are going to change from a court of law depending on the crime, depending on who the victim was. What was their age? What was their relationship to the perpetrator? It also changes depending whether or not a weapon was used.
Many people found guilty of a sex crime in NJ are be required to register as a sex offender for life. So what that means is, there’s a state list of sex offenders that is publicly available online. And if you don’t register on your own, that person can also be charged with a separate criminal charge. The sex offender list – it can make it harder for an offender to find a job when they are out of prison, and it will likely hurt their reputation. So those are some of the consequences for someone being charged with sexual assault or violence.
We also want to bring up that, even if there isn't a criminal case, or even if someone is found not-guilty, that doesn’t mean that survivor hasn't experienced assault or that the haven’t been victimized. Some people follow other forms of justice. One is called restorative justice, which there’s tons of resources on this available.
There’s a focus on healing everyone instead of punishment, so there's more of an incentive to hear the sides and admit wrong doing and center survivor's needs, and the person who has done harm takes accountability for what they’ve done. So that’s something that’s separate from the court system but it’s a form of justice that some survivors seek.
All of this to say that sex crimes carry huge consequences for both the offender and the survivor or victim, and it’s never the survivor’s fault for sexual assault. So, if you’re looking for more information as I mentioned, contact a lawyer, but otherwise this a really complicated and difficult thing that has really long-lasting impacts.
To speak with an expert about relationship or sexual violence, call or text the Safe+Sound Somerset 24/7 confidential helpline at 866-685-1122 for supportive listening, information, and safety planning. In the United States, you can also call the National Domestic Violence Hotline at 800-799-7233, or the National Sexual Assault Hotline at 800-656-4673.
