New JerseySexual assault law would expressly cover penetration without informed consent
New Jersey would expressly make penetration without consent a basis for sexual assault, defining consent as a freely given, knowledgeable, and informed agreement.
What it does
Sexual penetration without consent would expressly count as sexual assault. Consent would require a freely given agreement made with knowledge and understanding.
Penetration without consent would count as aggravated sexual assault when another person helps commit it or the victim suffers severe personal injury.
Argument forAn explicit consent definition could help juries assess whether a person freely agreed and understood the sexual activity.
Argument againstBecause knowledgeable and informed are not explained further, courts and juries could differ on when an agreement counts as consent.
More detail
Sexual penetration without the victim’s consent would expressly qualify as sexual assault. This second-degree offense would cover cases where the victim does not suffer severe personal injury. Consent would mean a freely given, knowledgeable, and informed agreement. The change would take effect on the 90th day after enactment.
Penetration without consent would qualify as aggravated sexual assault in specified circumstances. These cases would fall under the more serious, first-degree offense. The person must have help from at least one other person, or the victim must suffer severe personal injury. The change would take effect on the 90th day after enactment.
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Where it stands
- Introduced
- Passed 1st Chamber
- Passed 2nd Chamber
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Oct 22Introduced, Referred to Assembly Judiciary CommitteeIntroduced
Criminal Justice