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STATE v. OLIVIO

123 N.J. 550 (1991)

589 A.2d 597

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. FREDDIE ALLAN RIOS OLIVIO, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided May 1, 1991.

Attorney(s) appearing for the Case

Steven E. Braun, Senior Assistant Prosecutor, argued the cause for appellant (Ronald S. Fava, Passaic County Prosecutor, attorney).

Daniel V. Gautieri, Assistant Deputy Public Defender, argued the cause for respondent (Wilfredo Caraballo, Public Defender, attorney; Daniel V. Gautieri and Nicholas Celso, III, Designated Counsel, on the briefs).

Debra L. Stone, Deputy Attorney General, argued the cause for amicus curiae Attorney General of New Jersey (Robert J. Del Tufo, Attorney General, attorney).

Elizabeth Miller-Hall, Assistant Prosecutor, submitted a brief on behalf of amicus curiae Essex County Prosecutor's Office (Herbert H. Tate, Jr., Prosecutor, attorney).

Steven J. Kaflowitz, Special Deputy Attorney General and Acting Assistant Prosecutor, submitted a letter in lieu of brief on behalf of amicus curiae County Prosecutors Association of New Jersey (Edmund J. Tucker, Special Deputy Attorney General In Charge and Acting Union County Prosecutor, attorney).

The opinion of the Court was delivered by HANDLER, J.

In this case, defendant, Freddie Olivio, was convicted of a sexual assault on a mentally-defective person. Defendant admits having had intercourse with the victim, but denies that she is, in fact, mentally defective under the criminal statute. The Court is thus required to determine when a person who engages in such sexual conduct is mentally defective under the criminal code. The difficulty in making that determination...

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