STATE v. HILL


121 N.J. 150 (1990)

578 A.2d 370

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT AND CROSS-RESPONDENT, v. JAMES CALVIN HILL, DEFENDANT-RESPONDENT AND CROSS-APPELLANT.

The Supreme Court of New Jersey.

Decided August 1, 1990.


Attorney(s) appearing for the Case

John Kennedy, Deputy Attorney General, argued the cause for appellant and cross-respondent (Peter N. Perretti, Jr., Attorney General of New Jersey, attorney).

Daniel V. Gautieri, Assistant Deputy Public Defender, argued the cause for respondent and cross-appellant (Alfred A. Slocum, Public Defender, Daniel V. Gautieri and William E. Norris, Designated Counsel, of counsel and on the briefs).


The opinion of the Court was delivered by GARIBALDI, J.

The fresh-complaint rule allows witnesses in a criminal trial to testify to a victim's complaint of sexual assault. The rule serves the limited purpose of negating the inference that the alleged victim's failure to have confided in anyone was inconsistent with her later claims of having been sexually assaulted. This appeal presents two questions regarding the fresh-complaint...

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