News that a 32-year-old Lodi man is accused of having sex with a 12-year-old the past year once again raises questions about statutory rape -- a crime that occurs in New Jersey when one of the partners is between 13 and 16 and the other is at least four years older.
Those adults who claim "she looked 18" -- or said the victim showed a fake ID -- have no defense, under what is known as the standard of strict liability. An adult also can't claim that he or she was seduced.
It doesn't matter that the girl consents. Supervisory authority over a youth also makes the acts criminal.
Anyone under the age of 16 is deemed incapable of consenting to sex, under the law. Anyone under 13 -- as in the Lodi case -- is the victim of aggravated sexual assault.
If convicted, an adult faces up to 10 years in prison if the youngster was between 13 and 16. Penalties are much more severe if the child is younger than that.
The convicted adults also must register as Megan's Law offenders, with lifetime parole.
On top of that, defendants in statutory rape cases can be sued in civil court for personal injury.
As the number of reported sex crimes continues to climb, we're hearing more lately about statutory rape: A 30-year-old math teacher at a Union City high school is accused of having sex with a 16-year-old student, and authorities say a 46-year-old laundry shop owner did the same with a girl a third his age.
In both cases the men are single. And in both cases, they are charged with sexual assault.
Just this week, authorities in Bergen arrested a 32-year-old man who they said had sex with a 12-year-old girl over the past year. Pop quiz: If convicted, what would that make him, and the math teacher, and the laundry shop owner?
Rapists, that's what.
Please: I know you can't be everywhere all the time, but keep an eye on your kids. And when you can't, know that someone you can absolutely trust 100 percent is handling the duty.
Do not take chances. Do not cut corners. Do not think you won't be out too long.
Yes, they are individuals. But their individual freedom does not trump our obligation to protect them. Remember: Just about all of these children either meet, or maintain correspondences with their rapists online or via texting -- the very practices that they try to hide from you.
But they can't hide it from the authorities. Why do you think it's so easy for investigators to make cases? The evidence is already there, if only you bother to look.
Jerry DeMarco has covered the U.S. criminal justice system at all levels the past 30 years, from working street beats in the projects to handling federal crimes and trials in the federal Halls of Justice. His reporting helped put a crooked public official in federal prison for three years, forced state lawmakers to reevalute New Jersey's juvenile justice system,and changed public polity to make multi-use dwellings safer. Jerry also has received national awards for his work -- among them, the prestigious Heywood Broun and Clarion Awards -- in addition to several New Jersey Press Association awards. He has been a New York Press Deadline Club finalist three times, winning once. Already, his brief work with CLIFFVIEWPILOT.COM is being considered for recognition for online excellence.
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