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STATE v. D.R.H.

127 N.J. 249 (1992)

604 A.2d 89

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. D.R.H., DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided April 2, 1992.

Attorney(s) appearing for the Case

Gilbert G. Miller, Assistant Prosecutor, argued the cause for appellant (Nicholas L. Bissell, Jr., Somerset County Prosecutor, attorney).

Thomas A. Pavics argued the cause for respondent (Schachter, Trombadore, Offen, Stanton & Pavics, attorneys).

Debra L. Stone, Deputy Attorney General, argued the cause for amicus curiae Attorney General of New Jersey (Robert J. Del Tufo, Attorney General, attorney).

William C. Cagney submitted a brief on behalf of amicus curiae Association of Criminal Defense Lawyers of New Jersey (Lane & Mittendorf, attorneys; William C. Cagney and Cheryl B. Feldmus, of counsel and on the brief).

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

In this criminal case, the defendant is charged with the sexual abuse of a young child. The central issue on appeal is whether a child victim of sexual abuse may be compelled, at the request of the defendant, to submit to a physical examination for evidence relating to such abuse.

The defendant in this case had been indicted for first degree sexual offenses based on the alleged sexual abuse of a ten year...

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