State in the Interest of M.T.S.
New Jersey Supreme Court
129 N.J. 422, 609 A.2d 1266 (1992)
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
Holding and Reasoning (Handler, J.)
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