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State in the Interest of G.M.C.

Superior Court of New Jersey, Appellate Division
2019 WL 2486221 (2019)


Facts

G.M.C. (defendant) and Mary (a pseudonym) were both 16 years old when they attended a pajama party where the guests consumed alcohol. Both became visibly drunk. Mary was slurring her words and stumbling when she and G.M.C. went to a darkened, closed-off area. A group of boys sprayed Mary’s bottom with Febreze and slapped it so hard the hand marks still showed the next day. Then G.M.C. had sexual intercourse with Mary, filmed it with his cell phone, and sent the video to his friends. The clip showed G.M.C. penetrating Mary, her naked torso, and her head hanging down. G.M.C. also sent an accompanying text that read, “When your first time having sex was rape.” The prosecutor found G.M.C.’s conduct “sophisticated and predatory” and asked the juvenile court judge for a waiver to transfer the case to regular court so G.M.C. could be tried as an adult. But the juvenile court judge refused on the grounds that G.M.C. came from a good family, did well at an excellent school, and would likely attend a good college. The judge concluded that trying G.M.C. as an adult would be unfair and cause consequences in his life that would be too permanent. The prosecution appealed.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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