WOODBRIDGE, NJ – The Superior Court of New Jersey’s Appellate Division on Wednesday upheld the conviction of K.W., who was found guilty last year of second-degree sexual assault and fourth-degree criminal sexual contact involving his adult niece, identified in court records as J.G. The court rejected K.W.’s claims that his trial was flawed and that his conviction should be overturned.
The court only released the defendant and victim’s initials to protect the identity of the victim.
According to court documents, prosecutors said the assault occurred on July 4, 2019, at K.W.’s Woodbridge Township home after a family party celebrating the defendant’s mother’s birthday. J.G., who had traveled from Florida for the event, testified that K.W. sexually assaulted her later that evening without her consent. The defense conceded that sexual activity occurred but argued it was consensual.
K.W. was initially indicted in January 2022 under the earlier version of New Jersey’s sexual assault statute, which required proof of “force or coercion.” The statute was amended in 2020 to include cases where sexual penetration occurs “without the victim’s affirmative and freely-given permission.” Prior to trial, K.W. waived indictment and agreed to proceed on an accusation reflecting the updated language.
A Middlesex County jury convicted K.W. on March 11, 2024, and the trial court sentenced him the same day, denying a motion for a new trial. In the appeal, K.W. challenged the validity of the accusation and argued that the statutory changes and jury instructions prejudiced his defense.
In a decision authored by Judge Vinci and approved for publication, the appellate panel — Judges Firko, Perez Friscia, and Vinci — found no reversible error, holding that the trial court acted within the law and that sufficient evidence supported the verdict.
The ruling leaves K.W.’s conviction intact. His case may now proceed to potential sentencing appeals or further review before the New Jersey Supreme Court.
