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The case involves a juvenile who engaged in consensual kissing and heavy petting with a fifteen-year-old girl and then engaged in non-consensual sexual penetration. The Appellate Division reversed the decision of the trial court, stating that non-consensual penetration does not constitute sexual assault unless it is accompanied by some level of force more than that necessary to accomplish the penetration. The meaning of "physical force" in the New Jersey Code of Criminal Justice's definition of sexual assault is unclear, and lower courts have conflicting decisions on whether the statute requires more force than that necessary for penetration. The court must use avenues of construction to determine the meaning of "physical force" in the statute, including seeking the underlying intent of the legislature through legislative history and the contemporary context of the statute. The New Jersey Criminal Law Revision Commission proposed a Penal Code in 1971 that followed the Model Penal Code for sexual offenses, but the 1978 Code of Criminal Justice differed significantly. The new statutory provisions for rape were formulated by a coalition of feminist groups and treat rape as a violent crime, rather than assuming that rape victims are likely to lie. The crime formerly known as "rape" is now referred to as "sexual assault" and requires "penetration" and "force" or "coercion." The statute eliminates the spousal exception based on implied consent and is gender-neutral.
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