State v. Schnabel

952 A.2d 452, 196 N.J. 116, 2008 N.J. LEXIS 892
CourtSupreme Court of New Jersey
DecidedJuly 29, 2008
DocketA-13 September Term 2007
StatusPublished
Cited by29 cases

This text of 952 A.2d 452 (State v. Schnabel) 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. Schnabel, 952 A.2d 452, 196 N.J. 116, 2008 N.J. LEXIS 892 (N.J. 2008).

Opinion

Justice WALLACE, JR.,

delivered the opinion of the Court.

Defendant was convicted of firstrdegree aggravated sexual assault and related offenses allegedly committed against his girlfriend’s two daughters. We must determine whether the admission of Child Sexual Abuse Accommodation Syndrome (CSAAS) evidence was unduly prejudicial and whether evidence of third-party sexual abuse should have been excluded under the Rape Shield Law, N.J.S.A. 2C:14-7. We conclude that the CSAAS evidence was properly admitted. Moreover, in light of that evidence, we conclude that evidence of third-party sexual abuse should have been admitted.

I.

In 1995, defendant met and began dating Mary Doe. 1 Mary was divorced with three children: John, bom in 1982; Jane, bom in *121 1984; and Cindy, born in 1987. Defendant, who had- two sons similar in age-to Jane-and Cindy, coached Jane’s soccer team. At times, defendant cared for Mary’s children after school, and in, the evening when Mary attended school. In February 1996,- defendant and Mary became engaged.- Subsequently, defendant -and his two sons moved into Mary’s home and remained there until February 1998, at which time his relationship with Mary ended.

In 1999, when-she was twelve years old,.Cindy began using drugs. By August 2001, she had a serious heroin problem. As a result, she began drug counseling with a psychologist. During one of her counseling sessions, Cindy’s psychologist asked her if she had ever been raped. Cindy revealed that defendant had sexually abused her. Cindy thought her disclosure would remain confidential, but the psychologist informed Mary and the Division of Youth and Family Services.

Sergeant Stephen Spiers of the Warren County Prosecutor’s Office interviewed Cindy and Jane separately on a number of occasions regarding Cindy’s abuse allegations. Both girls admitted to Sergeant Spiers that defendant sexually abused them. During one of his interviews with Jane, Sergeant Spiers inquired into whether anyone other than defendant had ever abused her. Jane hesitated to answer-the question, but'¡eventually admitted that she and her sister were abused' by -someone- other than defendant before defendant began abusing-them. Jane refused, however, to name the abuser and to give'details about the abuse. Following that interview, Sergeant Spiers asked Cindy-if anyone else had ever abused her. Cindy eventually replied that she had been abused before but never spoke to anyone except Jane about it. Cindy said that the initial abuse happened when she was in the first or second and third grades and she claimed that-the 'abuse by defendant was similar to the abuse by the other person. Sergeant Spiers told Cindy that he had a pretty good idea who had abused her, and that it was not necessary for her to reveal his name. Cindy did not reveal the name.

*122 Subsequently, John, Jane and Cindy’s brother, testified before the Grand Jury that he sexually abused his sisters when he was in the fourth or fifth grade. . Thereafter, defendant sought an order to permit questioning of Cindy and Jane regarding prior instances of sexual abuse by John. Defendant intended to utilize the evidence of prior abuse to show that Cindy and Jane fabricated the allegations against defendant. He advanced several theories of admissibility. First, defendant sought to admit the evidence under an exception to the Rape Shield Law pronounced in State v. Budis, 125 N.J. 519, 593 A.2d 784 (1991), that permits evidence of prior sexual abuse of young children to demonstrate knowledge of sexual acts. Defendant specifically sought to demonstrate that the sexual knowledge exhibited by the sisters in describing their allegations against him was actually based on their abuse by John. In addition, defendant argued that the girls’ credibility was in issue because of inconsistencies between the statements, given by the girls to Sergeant Spiers and their brother’s Grand Jury testimony in respect of John’s sexual abuse.

The State sought to exclude the evidence of John’s abuse, arguing that the source of the girls’ sexual knowledge was not in issue in the case because the girls were teenagers in high school at the time of disclosure and that it would not be unusual for them to have had the sexual knowledge necessary to make the allegations. Further, the State asserted that the evidence was irrelevant and would distract the jury from the main issue — whether defendant committed the crimes charged. The State added that because both girls and their brother admitted the prior abuse, credibility was not in issue.

The trial court found that evidence of the prior sexual abuse was not relevant and denied defendant’s motion to admit that evidence. It found the age exception to the Rape Shield Law inapplicable because the girls were not of tender years, and that there was no credibility issue because “[tjhere’s no allegation that the brother is charged with abuse and that he’s denied it and they said it happened.”

*123 At the time of trial, both Jane, then nineteen years of age, and Cindy, then seventeen, testified about defendant’s abuse. Jane testified that defendant initially abused her soon after he began dating her mother. Jane stated that she was between eleven and thirteen years old at that time. She explained that the abuse began with defendant kissing and then rubbing her breasts and vagina, both over and beneath her clothing, but eventually progressed to digital penetration and oral sex. She further explained that it occurred as often as defendant had the opportunity to do so, and that defendant told her that it was -their secret and' that she could get in trouble if she told anyone about the abuse.

In a similar fashion, Cindy testified that defendant abused her from the time she was eight years old until the time he moved out of Mary’s home. She described the abuse substantially the same as Jane had described it. Also similar to her sister, Cindy stated that she did not tell anyone about the abuse until she was counseled by her psychologist because defendant “told [her] not to tell anybody” and she “was scared ... that he would hurt [Jane] or [she] would get in trouble somehow.” She added that she “didn’t want to hurt” defendant’s sons by sending their father to jail. Cindy admitted that she had been addicted to drugs for several years, but noted that she has remained drug free since June 2002.

After the girls testified, the State called Dr. Anthony D’Urso as an expert witness on child sexual abuse. Dr. D’Urso described CSAAS as “typical sequences of behavior that kids exhibit who are victims of child abuse and neglect.” He emphasized that CSAAS was not a tool for diagnosing whether a child suffers from sexual abuse and that whether it applies to a given child depends on the particular facts of the case. He described the five sequences of CSAAS: (1) secrecy; (2) helplessness; (3) entrapment, coercion, or accommodation; (4) delayed or unconvincing disclosure; and (5) recantation. Dr. D’Urso noted, however, that a child may suffer from the syndrome without undergoing all of the sequences of behavior and that disclosure may be purposeful or accidental.

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

Related

State of New Jersey v. Gabriel T. Matos
New Jersey Superior Court App Division, 2025
Commonwealth of Kentucky v. Gary Campbell
Court of Appeals of Kentucky, 2025
State of New Jersey v. P.M.
New Jersey Superior Court App Division, 2025
State of New Jersey v. Joseph W. McCain
New Jersey Superior Court App Division, 2024
State of New Jersey v. Jamel Carlton
New Jersey Superior Court App Division, 2024
State of New Jersey v. G.S.
New Jersey Superior Court App Division, 2024
State v. J.L.G.
190 A.3d 442 (Supreme Court of New Jersey, 2018)
State v. J.R. (076694)
Supreme Court of New Jersey, 2017
State v. J.R.
152 A.3d 180 (Supreme Court of New Jersey, 2017)
State v. Bobby Perry A/K/A Bobby Penny(075114)
137 A.3d 1130 (Supreme Court of New Jersey, 2016)
Desrosiers v. Diageo North America, Inc.
49 A.3d 233 (Connecticut Appellate Court, 2012)
State v. J.D.
48 A.3d 1031 (Supreme Court of New Jersey, 2012)

Cite This Page — Counsel Stack

Bluebook (online)
952 A.2d 452, 196 N.J. 116, 2008 N.J. LEXIS 892, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-schnabel-nj-2008.