State in the Interest of M.T.S.
New Jersey Supreme Court
129 N.J. 422, 609 A.2d 1266 (1992)
- Written by Craig Conway, LLM
Facts
The facts were disputed at trial. 15-year-old C.G. claimed that 17-year-old M.T.S. (defendant) came into her bedroom late at night and began to have sexual intercourse with her while she slept. She slapped him and told him to get off her, and he complied. M.T.S. claimed that he had entered C.G.’s bedroom with her consent, and the two of them were kissing and touching before he began to have sexual intercourse with her. She told him to stop, which he did, and then she slapped him, after which he left the room. In any case, the next morning, C.G. told her mother about the incident, and they filed a police report. The state charged M.T.S. with sexual assault. The trial court concluded that C.G. had consented to kissing and touching, but not to sexual penetration. The jury convicted M.T.S. of sexual assault, finding that C.G. had not consented to the sex. The appellate court reversed the conviction, finding that there was no force behind the sexual act and so the conviction was improper. The state appealed.
Rule of Law
Issue
Holding and Reasoning (Handler, J.)
What to do next…
Here's why 811,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
