State in the Interest of M.T.S.
New Jersey Supreme Court
609 A.2d 1266 (N.J. 1992)
The facts were disputed at trial, but the trial court found the relevant facts to be as follows: M.T.S. (defendant) was in C.G.’s bed and the two were making out. They got undressed, and M.T.S. began having sex with C.G. Very soon after, although it is not clear how long, C.G. pushed M.T.S. off of her and told him to stop. M.T.S. stopped right away and left the room. C.G. told her mother about the incident the next day and they filed a police report. C.G. testified that she had been asleep when M.T.S. started having sex with her. The jury convicted M.T.S. of rape, 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 prosecution appealed.
Rule of Law
Holding and Reasoning (Handler, J.)
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