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STATE v. B.H.

870 A.2d 273 (2005)

183 N.J. 171

STATE of New Jersey, Plaintiff-Appellant, v. B.H., Defendant-Respondent.

Supreme Court of New Jersey.

Decided April 13, 2005.

Attorney(s) appearing for the Case

Maura K. Tully, Deputy Attorney General, argued the cause for appellant (Peter C. Harvey, Attorney General of New Jersey, attorney).

Michael J. Confusione, Designated Counsel, argued the cause for respondent (Yvonne Smith Segars, Public Defender, attorney).

Justice LaVECCHIA delivered the opinion of the Court.

A jury convicted defendant, B.H., of first-degree aggravated sexual assault and third-degree endangering the welfare of a child, for having engaged in sexual intercourse with her seven-year-old stepson. Defendant was convicted, notwithstanding her defense that she was a battered wife who participated in the sexual act under duress exerted by her husband.

The trial...

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