Newark, July 8 (RHC)-- In the United States, 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.  He had justified 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.