State v. J.L.G. a/k/a J.L.J. (078718) (Hudson County and Statewide) - Published

The Court finds continued scientific support for only one aspect of CSAAS -- delayed disclosure -- because scientists generally accept that a significant percentage of children delay reporting sexual abuse. Expert testimony about CSAAS in general, and its component behaviors other than delayed disclosure, may no longer be admitted at criminal trials. Evidence about delayed disclosure can be presented if it satisfies all parts of the applicable evidence rule. See N.J.R.E. 702. In particular, the State must show that the evidence is beyond the understanding of the average juror. That decision will turn on the facts of each case. Here, because the victim gave straightforward reasons about why she delayed reporting abuse, the jury did not need help from an expert to evaluate her explanation. However, if a child cannot offer a rational explanation, expert testimony may help the jury understand the witness’s behavior. The Court asks the Committee on Model Jury Charges to develop an appropriate instruction on delayed disclosure. In this appeal, there was overwhelming evidence of defendant’s guilt. As a result, the expert testimony about CSAAS introduced at trial was harmless, and defendant’s convictions are affirmed.