A Morris County prosecutor asked the state Supreme Court on Monday to overturn an “absurd” interpretation of a sexual assault statute: one that seems to allow beating a victim so long as it is not too severe.
Assistant Morris County Prosecutor Paula Jordao told the court that the Appellate Division misinterpreted N.J.S.A. 2C:14-2(a)(3), which elevates the offense to first-degree aggravated sexual assault if “an act of sexual penetration of another person is committed under … the following circumstance[]: … [t]he act is committed during the commission, or attempted commission … of robbery, kidnapping, homicide, aggravated assault on another, burglary, arson or criminal escape.”
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