State of New Jersey, Plaintiff-Appellant v. James G. Budis, Defendant-Respondent

Summary

The Supreme Court of New Jersey affirmed the Appellate Division, holding that the trial court erred in excluding evidence of the victim’s prior sexual abuse by her stepfather because the evidence was relevant to show an alternative source of the child’s sexual knowledge and its probative value outweighed any prejudice; the error was not harmless, so the conviction was reversed and the case remanded for a new trial. Justice O’Hern dissented, arguing that the evidence was marginal and its exclusion did not require reversal.