State of New Jersey v. T.P.

CourtNew Jersey Superior Court Appellate Division
DecidedJuly 14, 2026
DocketA-1165-25
StatusUnpublished

This text of State of New Jersey v. T.P. (State of New Jersey v. T.P.) is published on Counsel Stack Legal Research, covering New Jersey Superior Court Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State of New Jersey v. T.P., (N.J. Ct. App. 2026).

Opinion

RECORD IMPOUNDED

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited . R. 1:36-3.

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1165-25

STATE OF NEW JERSEY,

Plaintiff-Appellant,

v.

T.P.,1

Defendant-Respondent.

Argued May 11, 2026 – Decided July 14, 2026

Before Judges Natali and Bergman.

On appeal from an interlocutory order of the Superior Court of New Jersey, Law Division, Monmouth County, Indictment No. 24-10-1247.

Monica do Outeiro, Assistant Prosecutor, argued the cause for appellant (Raymond S. Santiago, Monmouth County Prosecutor, attorney; Monica do Outeiro, of counsel and on the brief).

Anthony Fazioli argued the cause for respondent.

1 We use initials to protect the victim reporting the alleged sexual abuse under review in this appeal. R. 1:38-3(c)(12). PER CURIAM

On leave granted, the State appeals from an October 21, 2025 Law

Division order denying its motion to admit fresh complaint testimony

concerning reports by the victim of several alleged sexual assaults perpetrated

upon her by defendant T.P., made to her husband, sister, and mother. The State

alleges that defendant committed these sexual assaults over a span of

approximately 21 years, starting when the victim was a minor, aged thirteen,

and ending approximately thirty days before the report was made to her family

members and law enforcement when she was 34 years old. After our careful

review of the record and application of the relevant legal principles, we affirm.

I.

We derive the factual and procedural background as set forth in the trial

court's decision, which the State adopted in its merits briefing.

[The victim] was born in or around 1988 and resided in her home with her parent and her older sister, C.H. In or around 1996, [d]efendant purchased the house across the street from [the victim's] family home. At some point thereafter, when [the victim] was around [thirteen] . . . years old, C.H. and [d]efendant began dating. Defendant befriended [the victim's] parents and started spending considerable time at [the victim's] family home.

Defendant began grooming her almost immediately by being overly nice, praising her appearance, and giving

A-1165-25 2 her alcohol and other gifts. He also would find time to be alone with her, paying her to clean his home. At some point between 2001 and 2002, while C.H. and [d]efendant were having trouble in their dating relationship, [d]efendant told [the victim] that he had purchased a gift for her. Getting her alone under the guise of giving her the gift, [d]efendant allegedly told her that he had purchased a large henna tattoo to apply to her back. He convinced her to take off her shirt and bend over furniture so that he could apply the tattoo. [The victim] alleges that [d]efendant almost immediately began pulling down her pants, pinning her against the furniture. Claiming he was having trouble getting leverage to apply the tattoo, his hand went lower and lower until he digitally penetrated her anus and vagina.

[The victim] alleges that from that point on, [d]efendant engaged in unwanted sexual conduct and contact with her on an almost daily basis between 2001 and 2022, sometimes more frequently and sometimes less frequently. Because he lived across the street from [the victim] and her family and was dating [the victim's] sister, and because [the victim] was required to go across the street to clean [d]efendant's house for money, [the victim] felt compelled to do what [d]efendant wanted.

Defendant quickly became a constant part of [the victim's] life. He married C.H., was constantly at [the victim's] house, often had [the victim] over to his house, went back and forth between the houses, and was an integrated part of the extended family unit. The conduct allegedly escalated after [d]efendant and C.H. had their second child in or around 2005. [The victim's] parents ordered [the victim] to stay at [d]efendant and C.H.'s house while C.H. was in the hospital to help [d]efendant. While staying in the home at her parent's

A-1165-25 3 direction, Defendant allegedly digitally penetrated her, orally raped her, and vaginally raped her. [The victim] was approximately 17 years old and allegedly felt threatened by [defendant] and so was fearful to tell anyone.

[The victim] maintains that between the 2005 sexual assault and 2011, [d]efendant continued to touch her without her consent, to say sexually explicit things to her, and to engage in inappropriate conduct. Though she turned 18 in or around 2006, she alleges that she continued to be under [d]efendant's power and control, afraid to speak up about what had been happening to her. [The victim] alleged that in or around 2011, [d]efendant forced his way into her bedroom and digitally penetrated her. She alleges that he again broke into her room at night and digitally penetrated her in or around 2012.

Around that time, [the victim] married her husband. It appears that they may have lived outside of the family home for a time. [The victim's] father passed away in or around 2015. Around that time, [the victim] and her husband moved into [d]efendant's farmhouse. [The victim] was approximately 27 or 28 years old at the time. Around that time, [d]efendant allegedly apologized to her for what he had done to her when she was a child. [The victim] explained that she remained terrified by [d]efendant and worried about what would happen to her family if she told anyone about the abuse and so continued to hold his secret and to try to ignore [d]efendant's ongoing groping and unwanted physical touch.

Despite [d]efendant's purported apology, [the victim] advised that [d]efendant continued to grope her on occasion and to grab her buttocks. Defendant last grabbed her buttocks in or around July 2022, while [the

A-1165-25 4 victim] was approximately 34 years old. In August 2022, around the time when her niece turned [thirteen] years old (i.e., the same age at which defendant allegedly began abusing [the victim]), [the victim] maintains that she had an emotional breakdown and became terrified that [d]efendant would begin abusing his daughter. She demanded to speak privately with her husband and, on or around August 21, 2022, [the victim] told her husband that she had been abused by [d]efendant. She then told C.H. and their mother. A month thereafter, on or around September 21, 2022, [the victim] reported [d]efendant's alleged conduct to the police.

....

[The victim's husband] provided a statement to the police on September 21, 2022. In that sworn statement . . . [the victim's husband] advised that in August 2022, [the victim] disclosed that [d]efendant had been sexually abusing her. Specifically, in his statement, he advised that [the victim] had disclosed repeated and ongoing sexual abuse by [d]efendant, including digital penetration that occurred when [d]efendant was putting on the henna tattoo, an incident where he orally and vaginally raped [the victim], and two instances in or around 2007 when [defendant] allegedly broke into [the victim's] bedroom and digitally penetrated her, and other instances of inappropriate conduct involving sex toys.

After disclosing the alleged abuse to her husband, [the victim] next approached her sister, C.H., who then was [d]efendant's [wife]. She did this in part because of her fear for the safety of the defendant and C.H. 's daughter. C.H.

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