State v. BH

183 N.J. 171 (2005)

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State v. BH

New Jersey Supreme Court
183 N.J. 171 (2005)

  • Written by Haley Gintis, JD

Facts

In 2001, BH (defendant) left her husband, SH, and entered a woman’s shelter. At the shelter, BH reported that SH had previously forced her to have sexual intercourse with her seven-year-old stepson. BH then left the center and reconciled with SH. The State of New Jersey (plaintiff) began investigating BH’s claim and interviewed BH. BH stated that SH requested that she have the intercourse because he believed it would improve the relationship between BH and the stepson. BH told the investigators that SH had frequently physically, sexually, and emotionally abused her but that SH had not threatened her on the day of the incident. The state charged BH with aggravated sexual assault and child endangerment. BH claimed a duress defense based on battered-woman syndrome. At trial, BH testified that on the day of the incident, SH had threatened her. BH stated that SH placed his hand around her throat and told her that if she did not go through with the intercourse, she would pay. BH explained that she had lied during her initial interview because SH had instructed her to do so. BH’s expert on battered-woman syndrome also testified. The state introduced its own expert testimony on battered-woman syndrome to show that BH had not been suffering from the syndrome. The trial court instructed the jury that the battered-woman-syndrome testimony was for the sole purpose of determining whether BH acted recklessly by continuing her relationship with SH. BH objected to the instructions. The objection was overruled. BH was convicted of the charges. BH appealed. The New Jersey Superior Court, Appellate Division reversed the conviction, and the New Jersey Supreme Court granted certiorari.

Rule of Law

Issue

Holding and Reasoning (LaVecchia, J.)

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