State v. Budis

James Budis (defendant) was indicted in New Jersey state court on two counts of sexual penetration of a child less than 13 years old. In May 1988, TD disclosed that Budis placed his penis in her mouth and vagina on two occasions in July 1987, when she was 9 years old. TD simultaneously disclosed that her former stepfather, HD, had had sexual intercourse with her five or six times in 1986; HD subsequently pleaded guilty to sexual assault and aggravated sexual assault (the HD evidence). At Budis’s trial, TD’s testimony was consistent with her police statements. Budis testified that he had not had sexual intercourse with TD but that twice, TD had initiated oral sex and Budis had almost immediately stopped it. The trial court determined that New Jersey’s rape-shield statute rendered the HD evidence inadmissible at Budis’s trial; the court admitted only one brief, indirect reference that a detective had investigated TD’s allegations of sexual abuse committed by her stepfather. The jury convicted Budis of both charges. Budis appealed, arguing in relevant part that the trial court’s exclusion of the HD evidence had violated Budis’s constitutional right to confront witnesses against him. Budis further argued that the HD evidence was proof that TD had another basis for sexual knowledge and would thus prevent jurors from immediately rejecting Budis’s claims that TD initiated sexual contact.