Paul Matelyn, 41, was found guilty of assaulting the woman after a party at his house, the Gloucester County Prosecutor’s Office announced Wednesday night.
The jury deliberated for two hours after a two-day trial before delivering the verdict on the second degree charge.
The judge revoked Matelyn’s bail and sent him to jail pending sentencing. Matelyn must first undergo the state’s Adult Diagnostic and Treatment Center at Avenel. The center will determine whether Matelyn should serve his sentence at the institution.
Matelyan testified he also had been drinking and couldn’t remember anything about what happened in a bedroom of his house while his wife slept in another room on Dec. 17, 2011.
On cross-examination, Matelyn was asked whether he understood the word “no,” since the woman testified she said it three times as he had sexual intercourse with her. A State Police laboratory scientist testified Matelyan’s sperm was found in the woman.
“I don’t remember anything about that night,” Matelyan said.
In his closing argument, Matelyn’s attorney said his intoxication and his account of a strained prior relationship with the woman should be considered in deciding the case.
Noting that there was no evidence of physical injury to her and no indication she physically resisted Matelyan, the attorney urged the jury to use “common sense” in deliberations.
The prosecutor said this was not simply a “he said-she said” case.
“She is buttressed by a lot of physical evidence. The State gave you CSI evidence,” while Matelyan’s testimony was “an exercise in avoidance,” Senior Assistant Gloucester County Prosecutor Paul Colangelo said.
No use of force or physical resistance is required to prove a sexual assault offense, Colangelo said. The charge is proven if the act is “without the victim freely and affirmatively giving permission,” he said.
Noting the woman’s condition- a blood-alcohol level estimated to be four times the legal standard for intoxication, staggering and vomiting before she went into a bedroom, Colangelo told the jury the defense would still have them “infer that she freely and affirmatively gave permission.”