https://www.nytimes.com/2019/07/02/nyregion/judge-james-troiano-rape.html
..............But a family court judge said it wasnt rape. Instead, he wondered aloud if it was sexual assault, defining rape as something reserved for an attack at gunpoint by strangers.
He also said the young man came from a good family, attended an excellent school, had terrific grades and was an Eagle scout. Prosecutors, the judge said, should have explained to the girl and her family that pressing charges would destroy the boys life.
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So he denied prosecutors motion to try the 16-year-old as an adult. He is clearly a candidate for not just college but probably for a good college, Judge James Troiano of Superior Court said last year in a two-hour decision while sitting in Monmouth County.
Now the judge has been sharply rebuked by an appeals court in a scathing 14-page ruling that warned the judge against showing bias toward privileged teenagers.
In doing so, the appeals court cleared the way for the case to be moved from family court to a grand jury, where the teenager, identified only as G.M.C. in court documents, will be treated as an adult. New Jersey law allows juveniles as young as 15 to be tried as adults when accused of serious crimes, and the grand jury will weigh whether to indict him on the sexual assault accusation.