Teen's From 'Good Family,' So NJ Judge Gave Break On Sex Assault

A New Jersey judge gave a teen a break on a sex assault charge because he's from a "good family" and "clearly a candidate" for college, barring him from being charged as an adult, according to court records revealed this week.

An appellate court ultimately overturned that Monmouth County decision last month, saying the likelihood of conviction "was not for the judge to decide."

"His skeptical scrutiny of (a witness) – who said the video depicted (the victim's) head banging against a wall – (as well as) the victim's credibility and the motives and conduct of the victim's family went beyond review of the prosecutor's decision for abuse of discretion," the judges wrote in a June 14 decision.

The accused, whose full name was not identified, also allegedly sent a text to his friends with the video, saying: "(W)hen your first time having sex was rape," according to court records.

State Superior Court James G. Troiano, who sits in Monmouth County, said this when he barred the 16-year-old from being tried as an adult last year

"(D)o 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...

"(T)his young man comes from a good family who put him into an excellent school where he was doing extremely well....

"He is clearly a candidate for not just college but probably for a good college. His scores for college entry were very high."

The judge also detailed the accused's extracurricular activities, including being an Eagle scout.

The sex assault allegedly happened in 2017 when approximately 30 adolescents attended a pajama-themed party where alcohol was consumed, according to court records.

Parts of the basement where the party took place were blocked off. After engaging in "heavy petting," the accused and the victim walked into a closed off darkened area, according to court records.

The accused, who had no prior delinquency history, was drunk. The victim was also visibly drunk, her speech was slurred and she stumbled as she walked, according to court records.

While on the sofa, a group of boys sprayed Febreze on the victim's bottom and slapped it with "such force that the following day she had hand marks on her buttocks," according to court records.

The victim and the accused then had intercourse in the darkened room, according to court records. The 16-year-old boy also allegedly filmed during the act using his cell phone.

He then forwarded the clip to several friends, according to court records. The accused also sent the bragging text to his friends, according to court records.

It's not clear where the assault took place.