FRESH COMPLAINT: SILENCE OR FAILURE TO COMPLAIN^[1]  Model Jury charge NJ Criminal cases

The law recognizes that stereotypes about sexual assault complainants may lead some of you to question [complaining witness’s] credibility based solely on the fact that [he or she] did not complain about the alleged abuse sooner.  You may or may not conclude^[2] that [complaining witness’s] testimony is untruthful based only on [his or her] silence/delayed disclosure.    You may consider the silence/delayed disclosure along with all of the other evidence including [complaining witness’s] explanation for his/her silence/delayed disclosure when you decide how much weight to afford to [complaining witness’s] testimony.

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^[1]           This charge should be used when there is no Child Sexual Abuse Accommodation Syndrome testimony.  State v. P.H., 178 N.J. 378 (2004).

^[2]           See State v. W.B., 205 N.J. 588, 621-22 (2011).