State v. Rangel

In this case of first impression, we must determine whether defendant Erie Rangel was properly convicted of aggravated sexual assault under N.J.S.A. 2C:14-2(a)(3).

A defendant is guilty of first-degree “aggravated sexual assault if he commits an act of sexual penetration ... [and] uses physical force or coercion and severe personal injury is sustained by the victim.” N.J.S.A. 2C:14-2(a)(6) (emphasis added). A defendant is also guilty of first-degree aggravated sexual assault if the act of penetration occurs “during the commission, or attempted commission, ... [of] aggravated assault on…