Township Man's Sexual Assault Conviction Thrown Out

A Gloucester Township man convicted for sexual assault will get a new trial after an appellate court ruled the trial judge should have allowed the jury to consider lesser charges.

The decision was published on Leagle.com on Dec. 8.

Jose Torres was convicted of second-degree sexual assault for allegedly fondling a woman at his apartment complex's laundry room on Nov. 11, 2007. The alleged victim accused Torres of trapping her against a wall in the laundry room, kissing and licking her face and digitally penetrating her. 

The jury inquired about a lesser charge. When the judge denied them the opportunity to consider one, jurors convicted Torres on second-degree sexual assault. He was sentenced to five years in prison. 

The apartment complex in Gloucester Township wasn't identified in the Superior Court of New Jersey's Appellate Division ruling.

The appellate court ruled it improper for the trial judge not to offer fourth-degree sexual contact among the possible charges for the jury to consider. 

Second-degree sexual assault is defined as the perpetrator committing "an act of sexual penetration with another person" using physical force or coercion but without the victim sustaining serious injury. Fourth-degree sexual contract is "an act of sexual contact with the victim" that involves touching the "victim's or actor's intimate parts for the purpose of degrading or humiliating the victim or sexually arousing or sexually gratifying the actor."

The appellate court said the victim testified about Torres allegedly touching her but "was arguably equivocal about penetration." A woman who walked into the laundry room said she saw the woman and Torres together but did not see Torres touching the woman.

The appellate court panel ordered a new trial for Torres.