State v. P.H.

840 A.2d 808, 178 N.J. 378, 2004 N.J. LEXIS 20
CourtSupreme Court of New Jersey
DecidedFebruary 5, 2004
StatusPublished
Cited by53 cases

This text of 840 A.2d 808 (State v. P.H.) 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. P.H., 840 A.2d 808, 178 N.J. 378, 2004 N.J. LEXIS 20 (N.J. 2004).

Opinion

Justice LaVECCHIA

delivered the opinion of the Court.

In this case, the jury was required to assess’the credibility of a young woman who accused her father of having sexually abused her over a period of almost seven years, and of her father, P.H., who denied the abuse ever took place. The young woman’s delay in reporting, as well as her motive for the accusation, became issues at trial. The jury found defendant guilty and the appeal has focused on alleged error in the jury instructions in respect of those issues.

[383]*383The jury heard expert testimony concerning the phenomenon of child sexual abuse accommodation syndrome (CSAAS). The trial court properly instructed the jury that CSAAS evidence may not be used as a diagnostic device for determining that sexual abuse, in fact, occurred. The jury also was told that it could consider the CSAAS evidence in performing its credibility assessment. Specifically, the trial court instructed that CSAAS evidence could be given weight when the jury evaluated any alleged inconsistency between the claim of abuse and the belated disclosure of that abuse. However, the jury also was given, over defendant’s objection, the Model Jury Charge (Criminal), Fresh Complaint: Silence or Failure to Complain (1998). That instruction informed the jury that it could “not consider the child’s failure to complain as evidence weighing against the credibility of the child.”

The Appellate Division majority concluded that the combination of the two charges was confusing and, more importantly, violated defendant’s right to have the jury evaluate fully witness credibility. State v. P.H., 353 N.J.Super. 527, 545-46, 803 A.2d 661 (2002). The panel therefore reversed defendant’s conviction and ordered a new trial. For the reasons that follow, we agree with that disposition and affirm.

I.

The following summary of the facts adduced at trial highlight the importance that credibility played in this matter. Susan,1 the alleged victim, is the daughter of defendant, P.H. When her parents separated in 1984, six-year-old Susan resided with her mother and visited defendant on a bi-weekly basis. Visitations lasted approximately seven years until Susan discontinued them following an argument with defendant.

At the time of the trial in 1999, Susan was an adult. She testified that defendant sexually abused her on seven occasions [384]*384between 1984 and 1990. As she recounted them, most of the incidents shared substantially the same pattern. During certain overnight visitations with her father, defendant would have Susan sleep with him in his bed where he would kiss her, rub her back and arms, and press his erect penis against her body. Calling her “his mud turtle and his little pink bunny,” defendant would climb on top of her and penetrate her vagina with his penis. She stated that she could smell alcohol on his breath when those incidents occurred. The last assault allegedly occurred when Susan was twelve years old. She had pulled a thigh muscle during cheerleading tryouts and defendant told her to remove her shorts so that he could massage her leg. After rubbing her thigh for a few minutes, defendant climbed on top of her and penetrated her.

At trial, defendant elicited evidence that Susan did not report the incidents to her mother or any other authority figure during the period in which the abuse allegedly occurred, or for several years thereafter, despite having numerous occasions to communicate with adults about her relationship with her father. In 1990, Susan sustained a sprained wrist as a result of an altercation with her mother. The incident initiated an investigation by the Division of Youth and Family Services (DYFS). During the investigation, Susan did not complain about defendant and, in fact, chose to live with him for a few weeks until she resolved her differences with her mother. In 1991, Susan and defendant argued over several minor matters during a weekend visit. Susan left defendant’s home and did not visit him again. Defendant subsequently filed a complaint alleging that Susan’s mother was interfering with his visitation rights, which prompted an investigation by the Morris County Prosecutor’s Office. When interviewed concerning that complaint, Susan did not reveal any allegation of sexual assault by her father.

According to Susan, in a March 1993 telephone conversation, defendant told her that he missed her and wanted to lie down with her and touch her again. She claimed she was disturbed by the call from her father and, at that time, told a nurse at her high [385]*385school that defendant had touched her and taken showers with her. There was no mention of alleged acts of penetration. The nurse contacted DYFS and caseworkers from that agency interviewed Susan, Susan’s mother, and a school guidance counselor. As far as we can tell from this record, no further action was taken by DYFS.

In 1995, Susan was hospitalized for anorexia and bulimia. During a two month period of in-patient care, Susan engaged in individual and group therapy during which she told hospital staff that defendant had touched her, kissed her, slept in the same bed with her, and taken showers with her. When asked, she denied that defendant ever had touched her sexually. About the time of that hospitalization, Susan was experiencing a poor relationship with her mother. Notwithstanding that Susan was on a feeding tube and that it was the week of her birthday, her mother got married for the fourth time and left for a honeymoon. Over the next several months, conflicts between Susan and her mother continued concerning such matters as Susan’s school attendance, weight loss, and driving privileges. As part of her ongoing effort to address her eating disorders and to resolve the conflicts with her mother, Susan began seeing a hospital counselor on an outpatient basis.

It was in January 1996, during the course of that therapy, that Susan finally claimed that she had been sexually assaulted by her father. She told the counselor that defendant had engaged in acts of sexual penetration and repeated those allegations to a DYFS worker and to a Morris County detective. Defendant was indicted on three counts of first-degree aggravated sexual assault, contrary to N.J.S.A. 2C:14 — 2(a)(1); three counts of second-degree sexual assault, contrary to N.J.S.A. 2C:14 — 2(b); and three counts of third-degree endangering the welfare of a child, contrary to N.J.S.A. 2C:24-4(a).

At trial, both the State and defendant presented expert testimony concerning child sexual abuse accommodation syndrome, which has been recognized among social science experts. The State’s [386]*386expert explained that the syndrome identifies patterns of conduct or behavior that may be exhibited by sexually abused children and detailed its five elements: secrecy, a sense of helplessness by the child, coercion or accommodation, delayed disclosure of the abuse, and recantation. He also informed the jury that abused children tend to break down psychologically. Such children may exhibit stress and other behaviors reflective of post-traumatic stress disorder, including depression, anxiety, and eating problems. Defendant’s expert, on the other hand, informed the jury that other causes can lead to the same types of behavior. The testimony of both coincided to the extent that each acknowledged that evidence of CSAAS is not determinative of whether sexual abuse, in fact, occurred.

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

Related

State of New Jersey v. A.V.
New Jersey Superior Court App Division, 2025
State of New Jersey v. Gabriel T. Matos
New Jersey Superior Court App Division, 2025
State of New Jersey v. Edisson Shumi-Palaguachi
New Jersey Superior Court App Division, 2025
State of New Jersey v. P.M.
New Jersey Superior Court App Division, 2025
State of New Jersey v. A.B.
New Jersey Superior Court App Division, 2025
Concurrence & Dissent - State v. Adam P.
Supreme Court of Connecticut, 2025
State of New Jersey v. Joseph W. McCain
New Jersey Superior Court App Division, 2024
State of New Jersey v. Jeff S. Banatte
New Jersey Superior Court App Division, 2024
State of New Jersey v. D.F.W.
New Jersey Superior Court App Division, 2024
State of New Jersey v. G.L.
New Jersey Superior Court App Division, 2024
People v. Flores
California Court of Appeal, 2024
State of New Jersey v. G.S.
New Jersey Superior Court App Division, 2024
State of New Jersey v. Vashon M. McPhaul-roberts
New Jersey Superior Court App Division, 2024
State of New Jersey v. Luke v. Bakula
New Jersey Superior Court App Division, 2023
State v. G.E.P.
205 A.3d 1155 (New Jersey Superior Court App Division, 2019)

Cite This Page — Counsel Stack

Bluebook (online)
840 A.2d 808, 178 N.J. 378, 2004 N.J. LEXIS 20, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-ph-nj-2004.