A 16-year-old boy is accused of filming himself attacking a teenage girl before sending the footage to friends with the caption: When your first time having sex was rape.
The teenager allegedly raped his victim, also 16, during a pyjama party in New Jersey, the United States, after leading her into a darkened basement gym.
Court documents describe the girl as visibly intoxicated and said the door to the gym was barred by a football table.
The girl vomited and had bruising following the sex attack, the documents added.
Prosecutors have attempted to try the boy in an adult court, but a judge has sparked a backlash by showing him lenience because he comes from a good family.
Judge James Troiano, a retired judge who serves part time, also stated that the teen attended an excellent school where he was doing extremely well.
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He continued: 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 even questioned whether the alleged victims family had considered the devastating effect a trial in adult court would have on the boys life.
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He also claimed that the alleged attack was not a traditional case of rape – as it did not involve two or more males who were holding their victim at gunpoint or weapon in a shed or shack.
The judge stated that the boy had not shown calculation or cruelty during the alleged attack and dismissed his text message as a 16-year-old kid saying stupid c**p to his friends.
Lawyer Debra Katz said Troiano was redefining the legal standard for rape and should be removed from the bench.
She added: Whats so remarkable in this case is… it was a clear admission, and of course there was a videotape.
CBS News legal analyst Rikki Klieman said: I find the words of this judge to be absolutely appalling.
The criminal defence attorney added: It should never matter what a defendants background is, it should not matter if he is rich or poor, if he is black, white, brown or yellow.
The judge only looked at the boys background and did not regard anything he did as particularly serious of sexual assault or even rape.
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Judge Troianos decision has now been overturned by a higher court, meaning the case could be moved from family court to a grand jury where the boy would be treated as an adult.
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The appeals court judges said Judge Troiano had erred and decided the case for himself.
Prosecutors wrote in their court documents that the boys alleged actions were a deliberate act of debasement.
Naming the victim only as Mary, court documents read: At the time he led Mary into the basement gym, she was visibly intoxicated and unable to walk without stumbling.
For the duration of the assault, the lights in the gym remained off and the door was barred by a football table.
Filming a cellphone video while committing the assault was a deliberate act of debasement. This was neither a childish misinterpretation of the situation, nor was it a misunderstanding.
His behaviour was calculated and cruel. This level of criminal sophistication warrants the elevation of this case via involuntary waiver to the adult criminal court.
METRO
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