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State v. Gaughran

Decided: August 13, 1992.

STATE OF NEW JERSEY, PLAINTIFF,
v.
JAMES H. GAUGHRAN, DEFENDANT



Costello, J.s.c.

Costello

On January 12, 1992 the defendant, then age nineteen, was arrested and charged with sexually assaulting a seventeen year old female, F.M.

The victim's version is as follows: at 12:30 a.m. on January 12, 1992, she was at her girlfriend Dorothy Taylor's house when she left with the defendant, whom she had known for about nine months, and some other people. Prior to leaving, all had been drinking together. They drove around for a while and then all smoked marijuana in the defendant's car. Then the defendant dropped the others off at their homes, and invited the victim to go to his place of business in Hoboken to see a new litter of puppies. They talked for a while there and drank beer. Then the defendant pushed her onto a sofa-bed in the office and forcibly penetrated her anally with his finger and penis, and vaginally with his finger. He also forced her to perform fellatio and forcibly performed cunnilingus several times. She claims to have fought him throughout the assault which lasted roughly an hour and a half.

Afterwards, they both got dressed and the defendant drove the victim back to Ms. Taylor's house, who called the local police when advised of F.M.'s accusations.

Parenthetically, Ms. Taylor told the victim and the police that once before the defendant and she had been in his car together and that he wouldn't let her out.

The victim was then transported to the Jersey City Medical Center where a gynecological exam was performed at approximately 7:30 a.m. The Emergency Room notes read in part as follows:

No external marks on mouth, neck, breasts. Pelvic exam: NEG -- no bruises, no lacerations, minimal erythema ext. genitalia, minimal mucoid discharge, CX small, not tender, uterus -- small. Adnexae (-) Rectal -- tight sphincter -- no bruise.

On January 13, 1992 the defendant gave a sworn statement in which he said that he and the victim had consensually

engaged in fellatio and cunnilingus. He denied anal or vaginal penetration with either his finger or penis.

The State presented the matter to the Hudson County Grand Jury on March 11, 1992. During the course of the presentation Investigator Steven Moran testified:

Q -- And did you also have an opportunity to take a statement from a woman by the ...


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