State v. B.H.

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 court permitted defendant to present expert testimony about battered woman syndrome1 but restricted its content and *177use. On appeal, the Appellate Division disagreed with the limitations placed on that evidence and reversed…