State v. J.D., A-33 September Term 2011; Supreme Court; opinion by Wefing, P.J.A.D., temporarily assigned; decided August 9, 2012. On certification to the Appellate Division. [Sat below: Judges Fuentes, Gilroy and Chambers in the Appellate Division.] DDS No. 14-1-7332 [24 pp.]

Because K.E.’s mother was unable to care for her, she would often spend significant periods of time with C.D., her mother’s childhood friend, and C.D.’s husband, defendant J.D. At the end of August 2005, K.E.’s mother noticed a red mark on her neck and asked her about it. K.E. would not tell her anything but told her grandmother that J.D. had given her that mark and had sexually assaulted her, as he had repeatedly done in the past.