The judge claimed that the woman should have been told by the prosecutors that filing a case against the young man would ruin his life.
A 16-year-old boy sexually assaulted a visibly intoxicated girl the same age in a dark basement, during what was supposed to be a pajama party, according to New Jersey prosecutors. The New York Times reports that the boy filmed himself abusing her in 2017, before sharing it with friends while bragging that his “first time having sex was rape.” Now, a New Jersey family court judge is coming under fire for extending leniency to the 16-year-old. The judge said it wasn't rape, as he wondered out loud if it was sexual assault, because, according to him, it only classified as rape if it was an attack at gunpoint by strangers.
Every sentence more outrageous than the last.— Erin Miller (@eem1101) July 4, 2019
Rapist records rape, sends the video to his friends, bragging about raping, and 70 y.o. NJ judge says it’s not rape, “just a 16-year-old kid saying stupid crap to his friends” and he has good test scores. https://t.co/MK4JYksBjd
The judge then went on to say that the boy came from a good family, attended an excellent school, had terrific grades, and was an Eagle Scout. Therefore, the judge stated the prosecutors should have told the girl and her family that pressing charges against the boy would have destroyed his life. Judge James Troiano of the Superior Court denied the prosecutors’ motion to try the 16-year-old as an adult last year in a two-hour decision while sitting in Monmouth County. “He is clearly a candidate for not just college but probably for a good college.”
Many school officials involved in investigating student reports of sexual assault subscribe to the same victim-blaming rape myths that resulted in a rebuke of this NJ family court judge. Our schools and courts need to do better. Shameful! https://t.co/8ZnHRnLC3c— Adele Kimmel (@akimmel) July 3, 2019
Now, the judge is facing some serious flak for his decision by an appeals court and he has been sharply rebuked in a brutal 14-page ruling, warning him against showing bias against privileged teenagers. By doing this, the appeals court has cleared the way for the case to be moved from the family court to a grand jury where the teenager, identified only as G.M.C. in court documents, will be treated as an adult.
People from "good families" who go to "excellent schools" can do terrible things. Their privilege should not protect them from the consequences of their actions. NJ Judge James G. Troiano needs to go. https://t.co/55nBVVL8W6— Cosette Paneque 🐢 (@CosettePaneque) July 3, 2019
According to the prosecutors, the accused filmed the alleged attack with his phone, and in the footage the girl’s bare torso was visible, and her head could be seen “hanging down.” One of the accused’s friends, who was sent the clip, said the footage “showed [the victim’s] head hitting repeatedly against the wall.” The victim discovered bruises on her body the next day and that's when she confided in her mother, expressing fears that she may have been raped.
Payoff!! Has to be. No honest judge from anywhere would give leniency to a teen who just raped a girl,bragged about it,video tapes it,sends to friends & BY HIS OWN WORDS CALLED THE ENCOUNTER " RAPE".— Daniel AdamThomas (@Danadamthomas) July 3, 2019
Good or bad family, who cares! It is about the rapist! Not his family
“Over the course of several months, [the victim] learned that G.M.C.’s video had been circulated among his friends and their mutual acquaintances, and she attempted to communicate with him about it,” reads the appeals court decision. “She repeatedly told G.M.C. that she was more interested in putting the episode behind her than anything else. G.M.C. denied having recorded the encounter and said that their friends were lying.”
Wow! 1st they asked for leniency for criminals that were a product of bad parenting or a bad childhood, now u should get leniency if ur from a good family?! To hell with it! You do the crime, you do the time. That simple.— Stosh (@Stosh84) July 3, 2019
The girl's mother called the cops after she discovered that the footage was still being circulated among her friends and peers. Troiano, who is now retired, also said that he doubted the victims claims that she was too intoxicated to consent. “Some people would argue that, you know, really what did…she drinks and how could she possibly have gotten as drunk as she says she was,” Troiano said. “I think it’s an issue here, whether or not this young lady was intoxicated to the point that she didn’t understand what was going on.”
WTF!!! He raped someone - give me a break!!! I guess the judge will have to eat crow when that person is back in front of him for another case - if he got away with it once he will expect to get away with it again 😡😡— Lisa Payne (@Mommylisa13) July 4, 2019
The appeals court chided Troiano for his ruling. “Rather than focusing on whether the prosecutor’s consideration of the statutory factors supported the application, the judge decided the case for himself,” the appeal court decision said. When accused of serious crimes, New Jersey laws allows juveniles as young as 15 to be tried as adults, and the grand jury will decide whether to indict him on the sexual assault accusation. Judges across the nation have come under fire for the way they have handled sexual abuse cases in recent years.
Bad families has good people and good families have monsters the fact that he filmed the rape should trow him straight to jail if he was black or poor I doubt he wpuld be out disgusting judge— Gleicy Santos (@gleicysantos) July 3, 2019