A New Jersey family court judge is under fire after he denied a motion to try a 16-year-old for rape as an adult, justifying the decision by saying the perpetrator came from a good family, was an Eagle Scout, attended an “excellent school” and “is clearly a candidate for not just college but probably for a good college.” Judge James Troiano also said he did not think the attack was rape despite the attacker filming the assault on the 16-year-old intoxicated girl and sharing the video with friends along with a text message that read “when your first time having sex was rape.” The judge also rebuked the girl and her family for bringing charges that could have a “devastating effect” on the attacker’s life.
An appeals court has, however, reversed Troiano’s decision, citing his display of bias because of the teenager’s privilege—meaning the unnamed teen could now be indicted and tried in criminal court.