(CNN) In 2017, a 16-year-old boy in New Jersey was accused of raping an intoxicated 16-year-old girl in the dark basement of a house party. According to court documents, the boy filmed the encounter, the girl's bare torso exposed and her head repeatedly banging against a wall. He allegedly shared the video with friends, and it continued to circulate for months despite the girl's pleas for him to stop its dissemination.

At one point, according to documents, he texted friends: "[w]hen your first time having sex was rape."

pushed for him to be waived from the juvenile court system and tried as an adult. However, in July 2018, a family court judge denied the request, and his reasons Prosecutors called his actions "sophisticated and predatory" andpushed for him to be waived from the juvenile court system and tried as an adult. However, in July 2018, a family court judge denied the request, and his reasons are now drawing serious reproach from an appeals court

Boy was headed for a 'good college,' judge says

In his denial, Judge James Troiano of Monmouth County Superior Court said the boy's actions were not predatory and not necessarily rape because "traditional" rape cases involve "two or more generally males involved, either at gunpoint or weapon, clearly manhandling a person."

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