State v. J.R.

152 A.3d 180, 227 N.J. 393, 2017 N.J. LEXIS 4
CourtSupreme Court of New Jersey
DecidedJanuary 9, 2017
StatusPublished
Cited by83 cases

This text of 152 A.3d 180 (State v. J.R.) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. J.R., 152 A.3d 180, 227 N.J. 393, 2017 N.J. LEXIS 4 (N.J. 2017).

Opinion

JUSTICE PATTERSON

delivered the opinion of the Court.

In this case, we consider a criminal defendant’s challenge to the State’s expert’s testimony concerning Child Sexual Abuse Accommodation Syndrome (CSAAS). CSAAS evidence is presented to explain why some child victims of sexual abuse delay reporting sexual offenses to adults, refrain entirely from reporting the abuse, or retract their allegations prior to trial. Such evidence is not admissible to prove that a particular child was the victim of a sexual offense. CSAAS evidence must be carefully circumscribed so that it does not improperly bolster the testimony of the alleged victim, mislead the jury, or prejudice the defendant’s right to a fair trial.

This appeal arises from defendant J.R.’s conviction for several sexual offenses against his step-granddaughter, who was between ten and twelve years old when the alleged offenses took place. The child did not disclose defendant’s conduct to any adult; she told only her brothers, one of whom revealed the allegations to their mother almost two years after the abuse began.

At defendant’s trial, the State proffered the testimony of a CSAAS expert to opine that child victims of sexual offenses sometimes delay reporting sexual abuse and to explain other aspects of victims’ behavior. The trial court denied defendant’s motion to bar the testimony. Testifying as the State’s first witness, the expert properly refrained from discussing the specific victim in this case. She told the jury, however, that studies of confirmed child victims of sexual abuse have reported a broad array of behaviors, ranging from a cooperative demeanor and academic success to disruptive and sadistic conduct, including in that broad [400]*400description behaviors exhibited by the alleged victim in this case. The expert also invoked a highly publicized child sexual abuse scandal in her testimony.

The State’s witnesses included the victim and members of her family. Defendant testified on his own behalf. He was convicted of all charges.

Defendant appealed his conviction, raising the CSAAS expert’s opinion as his primary issue on appeal. An Appellate Division panel reversed his conviction on the ground that the CSAAS expert exceeded the bounds of proper expert opinion on that subject. The panel remanded for a new trial. We granted the State’s petition for certification, limited to the question of whether the trial court properly limited the testimony of the CSAAS expert.

We concur with the Appellate Division panel that the expert’s testimony did not entirely conform to the limitations placed on CSAAS evidence in prior holdings by this Court. However, we conclude that the error was harmless. In her compelling testimony, the child victim not only described the incidents of abuse, but explained her failure to report her allegations to anyone but her brothers. As to the critical question of defendant’s access to the child on multiple occasions with no one else present, the victim’s account was substantially supported by her parents and brothers, and by the admissions of defendant himself. Moreover, defendant’s credibility was impeached in important respects when he testified. Viewed in the context of all of the trial evidence heard by the jury, the CSAAS expert’s improper statements were not clearly capable of producing an unjust result and do not warrant a new trial.

Accordingly, we reverse the judgment of the Appellate Division panel, and remand to the Appellate Division for consideration of the issues raised by defendant that the panel did not reach.

I.

We derive our summary of the facts from the trial record.

[401]*401In the spring of 2008, N.R. was a ten-year-old fourth grader. She lived with her mother, C.S., and eleven-year-old brother, A.R. Her father, G.R., lived in a different municipality with his twelve-year-old son, G.L.R. C.S. and G.R. closely cooperated in the parenting of their children. N.R. and A.R. spent every other weekend with their father and older brother.

Defendant is G.R.’s stepfather; he married G.R.’s mother when G.R. was a teenager. Defendant maintained a close relationship with his stepson and step-grandchildren. Defendant and his wife lived in a series of residences that were either in the same building as G.R.’s home, or adjacent to it. The three children were fond of their step-grandfather, whom they called “Grandpa”; he organized camping trips for the entire family and outings for the children.

During his children’s weekend visits, G.R. sometimes was away from home for work or other reasons. Often, the children stayed at the home of defendant and his wife. On some of the occasions when the children were present, defendant’s wife was not at home. At times, the two boys left defendant’s apartment to play outside, but N.R. was not permitted to accompany them. The children would occasionally stay overnight, either with defendant and his wife or with defendant alone.

According to N.R. and her brothers, during a ride in the back of defendant’s truck in either 2008 or 2009, N.R. told A.R. and G.L.R. that “Grandpa” was “touching” her. She was adamant that her brothers refrain from telling anyone what she had confided in them. According to the three children, A.R. and G.L.R. counseled N.R. to make up excuses to avoid being with defendant. However, N.R. and her brother A.R. continued to visit their father on their regular schedule and spend time with defendant as they did before N.R. disclosed the alleged abuse to her brothers; her parents did not notice a change in her demeanor when in defendant’s presence. According to her parents, N.R. sometimes isolated herself in her room and she struggled academically during that time period.1

[402]*402In early 2010, shortly after N.R.’s twelfth birthday, her parents briefly reconciled. C.S. told N.R. that she and G.R. were going out on a date, and that defendant would babysit for her, without her brothers present. According to both parents, N.R. refused to stay with defendant. C.S. recalled, however, that she and G.R. compelled N.R. to go to defendant’s home. According to her mother and brother, when N.R. returned from that visit, she went straight to her room. Her brother A.R. testified that she later told him that “Grandpa” had “touched her again.”

N.R.’s allegations were finally disclosed to her parents on May 11, 2010. That morning, as N.R. and A.R. waited at a relative’s home for their school bus, A.R. sent his mother a text message stating that his sister “is having sex with Grandpa.” C.S. immediately contacted the children’s father and their school. Within hours, the parents met with their children, school officials, and law enforcement. The New Jersey Division of Child Protection and Permanency (Division) was contacted, and the County Prosecutor’s Office initiated a criminal investigation.

Interviewed by a detective specializing in sexual offenses against children, N.R. recounted several incidents. She said that defendant first assaulted her when she hid from her brothers in defendant’s apartment during a game of hide-and-seek. N.R. claimed that defendant shut the door, blocking it with a fan, kissed her, undressed her, touched her chest, digitally penetrated her, and touched her vagina with his penis, without engaging in intercourse. She detailed several subsequent episodes of sexual abuse by defendant, involving digital penetration, genital-oral contact, and contact between defendant’s penis and her vagina.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State v. Darryl Nieves; State v. Michael Cifelli
Supreme Court of New Jersey, 2025
State of New Jersey v. Charles M. Grant
New Jersey Superior Court App Division, 2025
Y.D. v. M.H.
New Jersey Superior Court App Division, 2025
State of New Jersey v. French G. Lee
New Jersey Superior Court App Division, 2025
Dcpp v. T.L. and R.M., in the Matter of the Guardianship of A.O.M.
New Jersey Superior Court App Division, 2025
State of New Jersey v. Scott A. Kologi
New Jersey Superior Court App Division, 2025
C.R. v. M. T.
Supreme Court of New Jersey, 2024
State of New Jersey v. Shannon A. McGuigan
New Jersey Superior Court App Division, 2024
State of New Jersey v. Suk Ban
New Jersey Superior Court App Division, 2024

Cite This Page — Counsel Stack

Bluebook (online)
152 A.3d 180, 227 N.J. 393, 2017 N.J. LEXIS 4, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-jr-nj-2017.