Judge says a teen from a ‘good family’ and college-bound should not be tried as an adult in sexual assault

The family court judges were in different New Jersey counties, but the question prosecutors asked them was the same: Can we charge these male juveniles as adults on allegations of rape?In the first case, Judge James Troiano in Monmouth County said a 16-year-old girl who accused a 16-year-old boy of sexually assaulting her – and filming it – at a pajama-themed party should have been told by prosecutors to consider the long-term damage to the boy before she decided to pursue criminal charges...

But now, the appellate division of the Superior Court of New Jersey has overruled both decisions. In two scathing rulings filed last month, an appellate panel said that Silva and Troiano ignored the prosecution’s discretion and essentially held bench trials in their respective cases, rather than neutrally considering whether prosecutors abused their power in asking for an adult court waiver.

Middlesex County prosecutor Andrew Carey, whose office is handling the second case, said in a statement: “In a very small amount of cases, the right thing to do is to file a motion to waive a juvenile up to adult court. Prior to doing so, I consider all of the relevant factors extremely carefully.”Though the appeal decisions were issued in mid-June, details of the two cases only came to light this week when NJ.com and the New York Times reported on them.

About 30 teens attended the party, where both the girl and G.M.C. were intoxicated, prosecutors said. The girl had slurred speech and stumbled as she walked. Of the teen boy’s alleged behavior, the judge said: “Do I believe that it shows in any way a calculation or cruelty on his part or sophistication or a predatory nature? No, I do not.” The judge also questioned whether the girl was too drunk to remember anything. At least one friend who saw the video of the alleged assault, which was later deleted, said it showed the girl’s head repeatedly hitting a wall, court documents said.

Yes they should get a one time get out of jail card. Lol FN liberals

That judge should be kicked off the bench and disbarred! Completely out of touch with the nature and devastaion these crimes bring to its victims! Disgusting

What does that have to do with anything?

Terrible and Canada should take notes from this but this perticular case was in the states.

This judge James Troiano— haslost his marbles when crime is based on a good family—that piece of garbage should get 10 yrs for rape and the judge at least 3yr for obstruction of justice—but then again OJ got off for being black !1

Toronto's Angela Riberich (University of Ottawa) and Hamilton's Nicole Gilmore (Carleton University) recorded 3 points each as Canada's women's basketball team lost its second game at the FISU Universiade Summer Games in Naples, falling to Australia 85-51. USPORTSca

Law Law Latest News, Law Law Headlines

Similar News:You can also read news stories similar to this one that we have collected from other news sources.

Man’s refusal to wear condom during sex, after agreeing to do so, is sexual assault, Ontario judge rulesOntario Superior Court Justice Nathalie Champagne said that action usurped the woman’s sexual autonomy and her right to make decisions about how she engaged in sexual activity. Another out of touch lawyer. They are truly an embarrassment. This is absolutely ridiculous! The man is deceptive to his partner but to call this sexual assault! I thought the state had no business in the bedrooms of Canadians? That is the way it should stay! Although anyone who would deceive their partner like this is a moron!
Source: globeandmail - 🏆 5. / 92 Read more »