Criminal Law Keyed to Dressler
State of New Jersey in the Interest of M.T.S.
ProfessorScott Caron
CaseCast™ – "What you need to know"
Facts
Fifteen-year-old C.G. lived with her mother, three siblings and several other people, including M.T.S. and his girlfriend. M.T.S. slept on the couch, and C.G. had her own bedroom. At approximately 1:30 a.m. on the night in question, M.T.S. visited C.G.’s bedroom as she was getting out of bed to use the bathroom. The teenagers’ accounts of the incident differed substantially and the trial court did not credit fully either teenager’s testimony. M.T.S. recounted a version of the events wherein the two teenagers were kissing and the intercourse was consensual. However, C.G. claimed that no part of the encounter was consensual, but rather, M.T.S. penetrated her while she was sleeping. The trial court concluded that the victim had consented to kissing and heavy petting, but she had not consented to the sexual intercourse. M.T.S. was therefore adjudicated delinquent.
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