State v. D.G.

The opinion of the court was delivered by

GARIBALDI, J.

In this appeal we again confront the critical and continually recurring problem of the admissibility of a child’s extrajudicial statements regarding allegations of sexual abuse. Specifically, we must determine whether under the tender years exception to the hearsay rule, N.J.R.E. 803(c)(27), the testimony of a relative regarding the child’s extrajudicial statements about the sexual assault and a videotaped police interview of the child that contained a seven minute gap in the taping are admissible.1

I

Defendant’s alleged victim was…