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 Results for ("N.J.S.A. 2c:14-7")   1 to 15 of 84 results. Run time: 0.702 seconds | Search time: 0.699 seconds    
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1 State v. J.A.C. -- rank: 1000
... is required to apply New Jersey’s Rape Shield Law, N.J.S.A. 2C:14-7 to a case in which defendant contended that the child ... trial court found that the instant messages were protected by N.J.S.A. 2C:14-7, and permitted them to be used at trial only for ... A.’s instant messages constituted “sexual conduct” under N.J.S.A. 2C:14-7(f), regardless of whether the activity to which they referred ... this case constitutes “sexual conduct” within the meaning of N.J.S.A. 2C:14-7(f), and that content is therefore protected by New Jersey ... victim’s messages is substantially outweighed by its prejudice. 1. N.J.S.A. 2C:14-7 serves “to protect the privacy interests of the victim ... victims of sexual abuse. A series of amendments progressively strengthening N.J.S.A. 2C:14-7 clearly demonstrates the Legislature’s policy to direct the ...
docket: A-102-10
court: NJ Supreme Court
decided: 2012-06-14
status:
citation:
Document Size: 102943
2 State of New Jersey v. J.D. -- rank: 887
... the Court applies the provisions of the Rape Shield Law, N.J.S.A. 2C:14-7, to determine whether the defendant was improperly barred from presenting ... of the need to comply with the Rape Shield Law, N.J.S.A. 2C:14-7, before any evidence of K.E.’s prior sexual ... defense counsel did not present any evidence that complied with N.J.S.A. 2C:14-7, the judge precluded him from raising at trial the issue ... unjustified incursions into past conduct. 1. The Rape Shield Law, N.J.S.A. 2C:14-7, was enacted in 1978 to restrict a defendant’s ability ... the evidence meets the statutory standards. (pp. 10-12) 2. N.J.S.A. 2C:14-7 states that trial courts must find the proffered evidence ... would permit it to conduct an in camera hearing under N.J.S.A. 2C:14-7. J.D.’s attorney never did so. He ...
docket: A-33-11
court: NJ Supreme Court
decided: 2012-08-09
status:
citation:
Document Size: 74419
3 STATE OF NEW JERSEY v. AQUIL MALIK -- rank: 809
... victim's sexual conduct pursuant to the Rape Shield Law. N.J.S.A. 2C:14-7. At a mid-trial hearing,8 A.E. confirmed the ... of the statute and seek a pre-trial court order. N.J.S.A. 2C:14-7(a). The court held a hearing mid- trial out of ... or behavior relating to the sexual activities of the victim.' N.J.S.A. 2C:14-7(f). The introduction of sexual-conduct evidence is allowed pursuant ... issues, or unwarranted invasion of the privacy of the victim.' N.J.S.A. 2C:14-7(a). Under N.J.S.A. 2C:14-7(c) and (d), evidence of past sexual conduct is only ... material to proving the source of semen, pregnancy or disease[,]' N.J.S.A. 2C:14-7(c), or 'if it is probative of whether a ...
docket: a2683-16
court: NJ Superior Court Appellate Division
decided: 2018-12-10
status: Unpublished
citation:
Document Size: 70493
4 State v. Bobby Perry -- rank: 801
... considers the admissibility, under the New Jersey Rape Shield Law, N.J.S.A. 2C:14-7, of DNA evidence from the victim’s clothing that did ... filed a motion under the New Jersey Rape Shield Law, N.J.S.A. 2C:14-7 (Rape Shield Law), to admit DNA evidence of an unidentified ... conduct is governed by New Jersey’s Rape Shield Law, N.J.S.A. 2C:14-7, which was enacted in 1978 to “place[ ] restrictions on ... Bill No. 677 , at 1 (Jan. 20, 1994), reprinted in N.J.S.A. 2C:14-7 (2005). In this way, the Rape Shield Law “is ... reflected in gynecological records, living arrangement and life style.” N.J.S.A. 2C:14-7(f). Thus, in order “ to encourage the reporting of ... or unwarranted invasion of the privacy of the victim.” N.J.S.A. 2C:14-7(a). 11 Under N.J.S.A. 2C:14- ...
docket: A-34-14
court: NJ Supreme Court
decided: 2016-05-17
status:
citation: 225 N.J. 222 137 A.3d 1130
Document Size: 114833
5 State v. Anderson Garron -- rank: 789
... whether the trial court properly applied the Rape Shield Statute, N.J.S.A. 2C:14-7, in excluding evidence of the victims past relationship with ... whether the trial court properly applied the Rape Shield Statute, N.J.S.A. 2C:14-7, in excluding evidence of the victims past relationship with ... after the judge found that the one-year presumption of N.J.S.A. 2C:14-7. He also posits that exclusion of that evidence deprived him ... and of questionable relevance. At stake in our evaluation of N.J.S.A. 2C:14-7 are competing rights: the right of a person accused of ... to introduce evidence of the victims prior sexual conduct. N.J.S.A. 2C:14-7. The overarching purpose of the Rape Shield Statute is to ... to Assembly Bill No. 677 (Jan. 20, 1994), reprinted in N.J.S.A. 2C:14-7 (1995). Through that amendment, the Legislature raised the bar ...
docket: a-16-02
court: njsupreme
decided: 2003-07-23
status:
citation: 177 N.J. 147
Document Size: 148455
6 STATE OF NEW JERSEY v. L.V. -- rank: 755
... indicted in June 2006. Pursuant to the Rape Shield Law, N.J.S.A. 2C:14-7, 2 before trial, defense counsel sought leave to introduce evidence ... and its introduction was barred by the Rape Shield Law. N.J.S.A. 2C:14-7(a) (emphasis added) provides as follows: In prosecutions for aggravated ... the victim. In J.A.C. , the Court noted that N.J.S.A . 2C:14-7 serves "to protect the privacy interests of the victim while ... and Garron this Court departed from the literal language of N.J.S.A . 2C:14-7(a), which requires evidence of a victim's previous sexual ... and New Jersey constitutional rights to confrontation and compulsory process, N.J.S.A . 2C:14-7 should be construed to permit evidence of a victim's ... trial court evaluates the nexus between the evidence protected by N.J.S.A . 2C:14-7 and the issues to be decided by the factfinder. ...
docket: a4430-10
court: NJ Superior Court Appellate Division
decided: 2013-04-24
status: unpublished
citation:
Document Size: 57070
7 STATE OF NEW JERSEY v. RICHARD G. PERRY -- rank: 733
... to trial, defendant unsuccessfully moved under the Rape Shield Law, N.J.S.A. 2C:14-7, to introduce evidence that Z.H. had previously been sexually ... previous sexual conduct' in prosecutions for sexual-assault-related offenses. N.J.S.A. 2C:14-7(a). '[S]exual conduct' is defined as 'any conduct or ... previous or subsequent experience of sexual penetration or sexual contact.' N.J.S.A. 2C:14-7(f). Under the statute, ''evidence of the victim's previous ... State v. Schnabel, 196 N.J. 116, 128 (2008) (quoting N.J.S.A. 2C:14-7(a)), and may not be offered without a court order ... court's finding that the evidence satisfies a statutory exception. N.J.S.A. 2C:14-7(a). To that end, '[a]s occurred here, first the ... State v. Garron, 177 N.J. 147, 166 (2003) (citing N.J.S.A. 2C:14- 7(a)). At the hearing, the trial court should admit ...
docket: a0919-20
court: NJ Superior Court Appellate Division
decided: 2023-07-28
status: Unpublished
citation:
Document Size: 63511
8 STATE OF NEW JERSEY VS KEVIN SCHERZER, ET AL -- rank: 728
... N.J. 519 , 531-32 (1991). The Rape Shield Law, N.J.S.A. 2C:14-7, limits the circumstances under which evidence of a victim's ... issues, or unwarranted invasion of the privacy of the victim." N.J.S.A. 2C:14-7(a). Sections (c) and (d) specify particular subjects to which ... prejudiced the victim in contravention of the Rape Shield Act. N.J.S.A. 2C:14-7. The deleted comments were not necessary for an understanding of ... 220 N.J. Super. 34 , 37 (App. Div. 1987). In N.J.S.A. 2C:14-7, our Legislature has given rape victims heightened protection against surprise ...
docket: a4887-92
court: njappellate
decided: 1997-05-20
status: published
citation: 301 N.J.Super. 363
Document Size: 244706
9 STATE OF NEW JERSEY VS KEVIN SCHERZER, ET AL -- rank: 728
... N.J. 519 , 531-32 (1991). The Rape Shield Law, N.J.S.A. 2C:14-7, limits the circumstances under which evidence of a victim's ... issues, or unwarranted invasion of the privacy of the victim." N.J.S.A. 2C:14-7(a). Sections (c) and (d) specify particular subjects to which ... prejudiced the victim in contravention of the Rape Shield Act. N.J.S.A. 2C:14-7. The deleted comments were not necessary for an understanding of ... 220 N.J. Super. 34 , 37 (App. Div. 1987). In N.J.S.A. 2C:14-7, our Legislature has given rape victims heightened protection against surprise ...
docket: a4374-92
court: njappellate
decided: 1997-05-20
status: published
citation: 301 N.J.Super. 363
Document Size: 244706
10 /usr/local/share/www/libweb/collections/courts/appellate/a3231-18.opn.html -- rank: 713
... THE TRIAL COURT'S MISAPPLICATION OF THE RAPE SHIELD STATUTE, N.J.S.A. 2C:14-7, TO EXCLUDE EVIDENCE THAT WOULD HAVE IMPEACHED B.H.'S ... trial judge erred by applying the Rape Shield Law (RSL), N.J.S.A. 2C:14-7, and limiting his cross-examination of B.H. He contends ... victim's prior sexual conduct is governed by [the RSL], N.J.S.A. 2C:14-7.' Id. at 234. Sexual conduct is defined in the RSL ... 18 reflected in gynecological records, living arrangement and life style.' N.J.S.A. 2C:14-7(f). The RSL presumptively bars evidence of a victim's ... criminal sexual contact, . . . [and] endangering the welfare of a child.' N.J.S.A. 2C:14-7(a). The law was 'designed to 'deter the unwarranted and ... unwarranted invasion of the privacy of the victim.'' Ibid. (quoting N.J.S.A. 2C:14-7(a)). Sections (c) and (d) of the statute state ...
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11 STATE OF NEW JERSEY v. KARL SMITH -- rank: 713
... precocious sexual knowledge did not violate the Rape Shield Law, N.J.S.A. 2C:14-7. The judge denied both motions. At trial, the jury acquitted ... of the privacy of the victim.' Id. at 538 (quoting N.J.S.A. 2C:14-7). Here, we agree with the State that Sara's allegations ...
docket: a5557-17
court: NJ Superior Court Appellate Division
decided: 2022-04-19
status: Published
citation:
Document Size: 81012
12 /usr/local/share/www/libweb/collections/courts/appellate/a2099-17.opn.html -- rank: 709
... A COMPLETE DEFENSE WHEN IT MISAPPLIED THE RAPE SHIELD STATUTE, N.J.S.A. 2C:14-7, TO EXCLUDE EVIDENCE THAT WOULD HAVE IMPEACHED J.M.'S ... within the purview of New Jersey's Rape Shield Law, N.J.S.A. 2C:14-7, because it involved the prior sexual conduct of the victim ... sexual assault, sexual assault, and endangering the welfare of children. N.J.S.A. 2C:14-7(a). The Rape Shield law defines 'sexual conduct' as 'any ... activities reflected in gynecological records, living arrangement and life style.' N.J.S.A. 2C:14-7(f). The statute protects sexual assault victims from excessive cross ... issues, or unwarranted invasion of the privacy of the victim.' N.J.S.A. 2C:14-7(a). Under subsections (c) and (d) of the statute, evidence ... material to proving the source of semen, pregnancy or disease[,]' N.J.S.A. 2C:14-7(c), or 'if it is probative of whether a ...
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Document Size: 43042
13 STATE OF NEW JERSEY v. HITEN A. PATEL -- rank: 674
... should be pierced. Under the Rape Shield Statute (the Act), N.J.S.A. 2C:14-7, "evidence of the victim’s previous sexual conduct shall not ... presence of the jury except as provided in [the Act]." N.J.S.A. 2C:14-7(a). The Act requires that the judge find "that evidence ...
docket: a3824-14
court: NJ Superior Court Appellate Division
decided: 2017-01-18
status: unpublished
citation:
Document Size: 82904
14 /usr/local/share/www/libweb/collections/courts/appellate/a3262-17.opn.html -- rank: 672
... at 479. In essence, New Jersey's Rape Shield Law, N.J.S.A. 2C:14-7, prohibits 'evidence of the victim's previous sexual conduct' in ... sexual assault, sexual assault, and endangering the welfare of children. N.J.S.A. 2C:14-7(a). The statute protects sexual assault victims from excessive cross ... issues, or unwarranted invasion of the privacy of the victim.' N.J.S.A. 2C:14-7(a); see also State v. Garron, 177 N.J. 147 ... term 'life style' within the statutory definition of sexual conduct. N.J.S.A. 2C:14-7(f). We agree with the State that 'the term, 'life ...
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15 STATE OF NEW JERSEY v. P.L.M. -- rank: 665
... s previous sexual conduct pursuant to the Rape Shield Law, N.J.S.A. 2C:14-7. Defendant wanted to argue at trial that A.M. and ... sexual history as an exception to the Rape Shield Law, N.J.S.A. 2C:14-7. Defendant argued that at the time of A.M.'s ... victim freely and affirmatively permitted the sexual behavior complained of. . . . [ N.J.S.A. 2C:14-7.] One of the primary purposes of the Rape Shield statute, N.J.S.A. 2C:14-7, is to protect rape victims from excessive cross-examination and ... 157 L. Ed.2d 1204 (2004). An initial reading of N.J.S.A. 2C:14-7 clearly reveals that the evidence would not meet the requirements of subsections c. and d. of N.J.S.A. 2C:14-7 and the statute would therefore prohibit the introduction of ...
docket: A2368-05
court: NJ Superior Court Appellate Division
decided: 2007-06-18
status: unpublished
citation:
Document Size: 115231
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