Not Guilty Verdict for Nurse Accused of Sexual Assault

We represented a 33-year-old nurse in Somerset County, charged with a sex crime that put her freedom and career at risk.

While employed at a State Correctional Institution, as an LPN, an inmate propositioned her for sex. She followed the procedure and reported the incident. The inmate was placed in a restricted housing unit and an internal Department of Corrections investigation followed.

The inmate claimed that he and the LPN had an ongoing sexual relationship. The nurse denied this, and despite no corroboration, witness statements, or physical evidence, she was charged with institutional sexual assault.

Since the inmate was in custody, he could not consent. Therefore, as a third-degree felony, this woman was potentially facing seven years in prison, sex offender registration, and the loss of her nursing license. She was also suspended from her job, and she contacted experienced attorney Matt Ness with Worgul, Sarna & Ness, Criminal Defense Attorneys, LLC.

The DA made some favorable plea offers that removed the possibility of jail and sex offender registration, but our client would not admit to any wrongdoing. Despite suffering finically, she had the fortitude to continue fighting.

The case moved to trial and attorney Ness highlighted the problems with the case and overall lack of evidence. After two days of testimony and illustrating the flaws in the inmate’s story, the jury returned a not guilty verdict in under 3 hours.

In the end, our client’s decision to fight paid off. She was spared from a sex crime conviction, significant prison time, and her nursing license was immediately reinstated. She is now gainfully employed and seeking back pay from the Department of Corrections for her wrongful termination.

The outcome of an individual case depends on a variety of factors unique to that case. Case results do not guarantee or predict a similar result in any similar or future case.