New Jersey Criminal Lawyer Blog

An arrest has reportedly been made of a high school senior, who is charged with third-degree aggravated criminal sexual contact and third-degree criminal sexual contact, which allegedly occurred in Seaside Heights, following his prom in northern New Jersey. It is said that the 18 year old woman was incapacitated when she was victimized in a hotel, meaning she was indisputably unable to or did not give consent and anything that may have transpired was not consentual. The young man, who is in the U.S. on a student visa from Zimbabwe, is being held on $125,000.00 bail in Toms River and has been relieved of his passport.

The fact that Mr. Kabete is on a visa makes his potential trouble even more severe for him since he can be deported if he is convicted with a crime. If he cannot make bail, Mr. Kabete will be sitting in jail for a while, since this matter will have to present for indictment with the grand jury. If the grand jury returns an indictment, he will then have to be arraigned, which means he must plead guilty or not guilty. This is the stage at which a public defender would enter the proceedings, unless Mr. Kabete can afford to hire a private attorney. After an indictment and at the arraignment, the law requires someone to be represented by a lawyer, assuming he hasn't chosen to represent himself. Mr. Kabete has no such right at this time and will have a long process to get there if the reports prove to be true. It is clear, however, that his interests would be best served by the counsel of a skilled attorney who has experience with these types of charges.

Details have yet to be provided, and the victim's identity continues to be protected due to age and the nature of the crimes. These charges can include a wide array of conduct involved with an act of sexual penetration such as use of a weapon, physical force, threats, the aid of another person, severe personal injury, or it coincides with assault on another. The severity of the charges remains to be seen, but the occurrence of this sort of crime is a huge fear often associated with risky behavior surrounding proms. It should serve as a warning, with weeks left in the prom season. If you find yourself in any way related to a similar occurrence, it is in your best interest to contact an attorney.

For the second time in 12 months, Steelers Quarterback Ben Roethlisberger finds himself responding to questions about sexual assault. However, this time the woman did not wait a full year to report the crime.

During the late summer of 2009, a Reno casino employee accused Roethlisberger of sexual assault for an alleged incident that occurred in 2008. This woman filed a civil law suit in attempt to get money from Big Ben. This is much different matter. A woman claims she was assault last night and has filed criminal charges with local police in Georgia.

Naturally, this matter is in infancy, but the first few hours are critical in a sexual assault criminal investigation. Here reports indicate that the victim has already gone to the hospital where an forensic evidence will be gathered and she has told her story to police. The two-time Super Bowl champion QB will also be questioned, and he can choose to either refuse or answer the questions. Regardless of guilt or innocence, it is generally advised not to answer questions without a lawyer present.

As the police continue to gather information, it is important to remember that is an ongoing investigation. The fact that someone brought charges does not mean the police have to follow through with them. Rather the police must investigate the matter and if they find probable cause that alleged assault occurred then they can filed chargers against the Steelers QB.