A former Stockton University student accused of sexually assaulting a woman in 2017, and then posting it online was denied a diversion program for the second time.
Zachary Madle, 26, is charged with invasion of privacy and aggravated criminal sexual contact — both third-degree crimes. He was indicted in September 2018.
The Wildwood man allegedly posted videos of the victim in various states of undress and varying states of consciousness via Snapchat, according to the charges. One shows him rubbing her genitals while she appears semi-conscious.
“The preparation and posting of the video, accompanied by music, vitiates any argument that defendant was so intoxicated that he did not realize the nature and quality of his acts,” Superior Court Judge Jeffrey Waldman wrote in a nine-page decision denying the entry into pretrial intervention. “That the defendant did not respond to the victim when she requested that he remove the offensive material from social media further underscores the callousness of his acts.
Madle was charged in April 2018, 14 months after the woman called police and told them of a possible rape in her Stockton dorm room.
He applied for pretrial intervention, which allows first-time offenders to avoid prosecution and get their record sealed upon completion of the program.
But the prosecutor denied entry, which was appealed in the motion that was then denied Tuesday by Waldman.
Madle posted three videos, which the woman discovered after waking up naked on her dorm room floor, according to the charges.
One of the videos shows the woman unconscious and lying naked on the floor is captioned: “Broads sleep on the floor… f*** that cuddling shit,” Waldman read.
“This was deliberate conduct that extended beyond the sex act,” the judge said in rendering his decision.
In the original denial, Waldman notes, Assistant Prosecutor Tracey O’Brien calls Madle’s actions “cold, calculating and heinous” and that posting the videos to social media.
That they were posted “complete with humiliating and derogatory remarks, ‘added a disturbing bravado to his criminal acts,’” Waldman wrote, quoting O’Brien.
The victim in the case also filed civil suit against Madle.
A lawsuit by a second woman claims Madle assaulted her during consensual sex eight months later, and then raped her almost three weeks after that, when she said she tried to stop get him away from her friend who she said was drunk.
No criminal charges were filed in that case.
Madle is due in court next month as the case continues toward either trial or a plea.
