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Criminal Law Keyed to Dressler
State in the Interest of M.T.S.
Facts
Defendant, a seventeen-year-old boy, was engaged in consensual kissing and heavy petting with the alleged victim and during the encounter penetrated the girl without her consent. There was no evidence that Defendant used any extra force or threats in order to penetrate the alleged victim. However, the trial court found Defendant guilty of sexual assault. The Appellate division reversed on the ground that non-consensual penetration, absent the use of more force that that necessary to accomplish penetration, does not constitute sexual assault. The New Jersey Supreme Court grated the State’s petition for certification.
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