STATE IN INTEREST OF M.T.S.


129 N.J. 422 (1992)

609 A.2d 1266

STATE OF NEW JERSEY IN THE INTEREST OF M.T.S.

The Supreme Court of New Jersey.

Decided July 30, 1992.


Attorney(s) appearing for the Case

Carol M. Henderson, Deputy Attorney General, argued the cause for appellant, State of New Jersey (Robert J. Del Tufo, Attorney General of New Jersey, attorney; Jessica S. Oppenheim, Deputy Attorney General, of counsel and on the brief).

Susan Herman, Assistant Deputy Public Defender, argued the cause for respondent M.T.S. (Wilfredo Caraballo, Public Defender, attorney).


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

Under New Jersey law a person who commits an act of sexual penetration using physical force or coercion is guilty of second-degree sexual assault. The sexual assault statute does not define the words "physical force." The question posed by this appeal is whether the element of "physical force" is met simply by an act of non-consensual penetration involving no more force...

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