Confession of a Juvenile Sex Offender Without Parents is Admissible in NJ

The Union County Prosecutor's Office contacted a juvenile's parents regarding an alleged sexual assault committed by the 13 year old boy, A.W. The child's father, whose first language is Spanish, voluntarily brought A.W. to the Union County Child Advocacy Center for an interview. The standard for confessions of a juvenile under 14 is that they are presumed inadmissible unless a parent or guardian was unwilling or unable to be present. This interview began in the presence of the father and discussion was in Spanish because the father speaks very little English. As the interview continued, A.W. offered his denials of any sexual conduct with the victim in Spanish but began to provide the detective conducting the investigation information in English. The detective then advised that even if the allegations were true, A.W. would likely receive therapy but not face juvenile detention or jail. The detective next began making reference to the domineering size of the boy's father and the fact that the father's presence may render A.W. fearful of consequences. In English, A.W. offered to speak candidly with the detective if his father was not there. The detective explained to the father, in Spanish, that A.W. wished to speak with her without his father's presence and presented the father with a waiver of his right to be present upon which she required his signature before he left the room. Once alone with the detective, A.W. admitted to touching the victim's vagina. The confession resulted in a charge of aggravated sexual assault as a juvenile, a conviction, 3 years of probation and Megan's Law, N.J.S.A. 2C:7-1 to 11 and 19. A.W.'s motion to suppress the videotape of the interview was upheld by the N.J. Supreme Court on the grounds that the father willingly and voluntarily left the room. If a juvenile is charged with a crime, the disposition of the charges can change his or her future by prohibiting them from entering certain schools, fields of employment and, in the case of Megan's Law offenses, certain residences or neighborhoods. It is critical for any juvenile charged with a criminal offense to seek an experienced juvenile defense attorney immediately to begin protecting their rights and their future. For more information on juvenile offenses, sex-offenses, Megan's Law provisions or other criminal charges in NJ, visit HeatherDarlingLawyer.com. This blog is for informational purposes only and in no way intended to replace the advice of an attorney regarding your specific matter.

Jurisdiction of Prosecutors in NJ Sex Crimes Extends to Acts As Far As Germany

During a Paramus Catholic High School trip to Germany, two chaperones, Michael Sumulikoski, and assistant coach and substitute teacher, and Artur Sopel, vice president of operations, were alleged to have had sex with minors entrusted to their care. Bergen County Superior Court Judge James Guida heard the case of State v. Sumulikoski. The Judge ruled that, although the conduct was alleged to have occurred in Germany, the defendant’s role as supervisors began in New Jersey. Each defendant was charged with multiple counts of sexual assault and endangering the welfare of a minor. Sopel was also charged with witness tampering. The Judge held that the question turned on whether a material element of the sexual assault statute, the relationship of the accused to the victim, could be considered conduct. His conclusion was that the defendants’ role as chaperones was the specific conduct the Legislature intended to prevent. The act of conduct, undertaking the role of chaperone, in New Jersey was the key to permitting prosecution in New Jersey. This blog is for informational purposes only and in no way intended to replace the advice of an attorney regarding your specific matter. If you are accused of a sex crime, you should consult an experienced criminal law attorney immediately in order to protect your rights. For more information on sex offenses or other criminal law matters in New Jersey visit HeatherDarlingLawyer.com.

NJ Rape Shield Law Protects Content of Messages To And From A Child In A Criminal Trial

A defendant accused of aggravated sexual assault, sexual assault and endangering the welfare of a child may introduce, at trial, evidence of the child's participation in communications constituting "sexual conduct." Lack of opportunity to introduce the fact that communications existed could deprive a defendant of their right to defend against the State's charges and evidence needed for a fair trial must be admitted as long as the value of the proofs are not outweighed by their prejudicial effect. The fact that a child previously participated in the exchange of text messages and internet communications with adult males while the child also pretended to be an adult may be introduced as evidence by the defendant. However, the specific content of the messages is protected under the New Jersey Rape Shield Law (N.J.S.A. 2C:14-7) based on the notion that any probative value of the content of the messages is substantially outweighed by the prejudice the messages would cause. The goal of the court in making this determination is to serve the interests of justice while protecting the privacy of the victim. The NJ Rape Shield Law is not limited to the protection of children but was amended in 1988 to include children under its protection. The law is intended to limit the introduction of the victim's prior sexual behavior to both protect the victim's privacy as well as prevent prejudice in the minds of the jury regarding the victim and any potential to have been a willing participant in the defendant's conduct. This blog is for informational purposes only and in no way intended to replace the advice of an attorney regarding your specific matter. If you are accused of a sex crime, you should consult an experienced criminal law attorney immediately in order to protect your rights. For more information on sex offenses or other criminal law matters in New Jersey visit HeatherDarlingLawyer.com.

Substantial Increase in Penalties for Harboring a Sex Offender in NJ?

Pending legislation in New Jersey would increase the penalty for harboring or concealing a sex offender. The current offense grades for violating N.J.S. 2C:29-3 are 3rd degree if the sex offender is guilty of a 2nd degree offense and 4th degree if the sex offender is guilty of a 3rd degree offense. Any lesser offense on the part of the sex offender would subject the individual harboring or concealing the offender to a disorderly persons offense. If passed Assembly bill A-2079 subject an actor harboring or concealing a person subject to registration as a sex offender while the person has knowledge the sex offender has not registered to a mandatory minimum term of imprisonment without eligibility for parole. In the event the offense is of the 3rd degree, the actor would be ineligible for parole for a minimum of 3 years. In the event the offense is of the 4th degree, the actor would be eligible for parole for a minimum of 1 year. This bill is sponsored by Assemblywomen Munoz, serving Morris, Somerset and Union, and Simon, serving Hunterdon, Mercer, Middlesex and Somerset, and Assemblyman Caputo, serving Essex County. This blog is for informational purposes only and in no way intended to replace the advice of an attorney regarding your specific matter. If you are accused of a sex offense or harboring a sex offender, you should consult an experienced criminal law attorney immediately in order to protect your rights. For more information on sex offenses or other criminal law matters in New Jersey visit HeatherDarlingLawyer.com.