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- Path: sparky!uunet!gatech!paladin.american.edu!darwin.sura.net!sgiblab!cs.uoregon.edu!news.uoregon.edu!oregon.uoregon.edu!dreitman
- From: dreitman@oregon.uoregon.edu (Daniel R. Reitman, Attorney to Be)
- Newsgroups: misc.legal
- Subject: Glen Ridge
- Date: 31 Dec 1992 15:03 PST
- Organization: University of Oregon
- Lines: 33
- Distribution: world
- Message-ID: <31DEC199215034248@oregon.uoregon.edu>
- NNTP-Posting-Host: oregon.uoregon.edu
- Keywords: Glen Ridge case, New Jersey law
- News-Software: VAX/VMS VNEWS 1.41
-
- Assuming that the Glen Ridge case involves a sixteen year old who has a mental
- age of about eleven (sorry, I can't figure out how to get the back postings):
-
- a. An actor is guilty of aggravated sexual assault if he commits an act of
- sexual penetration with another person under any one of the following
- circumstances:
- . .
- (5) The actor is aided or abetted by one or more other persons and either of
- the following circumstances exists:
- . .
- (b) The victim is one whom the actor knew or should have known was
- physically helpless, mentally defective, or mentally incapacitated.
- . .
- c. An actor is guilty of sexual assault if he commits an act of sexual
- penetration with another person under any one of the following circumstances.
- . .
- (2) The victim is one whom the actor knew or should have known was
- physically helpless, mentally defective, or mentally incapacitated.
- N.J. Stat. Ann. section 2C:14-2 (West 1982 & Supp. 1992).
-
- In 1989, the Assembly specifically included inability to consent in mental
- defect. N.J. Stat. Ann. section 2C:14-1(h) (West Supp. 1992), codifying 1989
- N.J. Laws 228, section 2. Beforehand, the definition was inability to
- appreciate inviolability of person and that others could be refused invasion of
- person. See State v. Olivo, 237 N.J. Super. 428, 568 A.2d 111 (A.D. 1989),
- mod. on other grounds, 123 N.J. 550, 589 A.2d 597.
-
- Depending on when the offense occurred (I believe before 1989), the Glen Ridge
- case will probably be prosecuted under these statutes, which provides for
- first-degree criminal penalty for aggravated sexual assault and second-degree
- criminal penalty for sexual assault. N.J. Stat. Ann. section 2C:14-2.
-
- Daniel Reitman
-