There is clear indication that the court engaged in the required balancing test. See State v. Connor, 2011 VT 23, ¶ 12, 189 Vt. 587, 19 A.3d 146 (mem.) (affirming court engaged in required balancing test when it acknowledged potential prejudice but decided "weight" favored admission); State v. Longley, 2007 VT 101, ¶ 19, 182 Vt. 452, 939 A.2d 1028 (relying on court's pretrial inquiries into evidence's probative value and potential prejudice, as well as trial instructions, to conclude court appropriately engaged in balancing test).

Because J.N. was not testifying at trial, Linscott's testimony regarding the defendant's abuse of J.N. was critical to the State's ability to prove the crimes charged against the defendant relating to J.N. Consequently, the defendant's abuse of Linscott was relevant for the non-propensity purpose of explaining her justifiable fear of the defendant that prompted her to delay reporting the defendant's abuse of J.N. and, later, to lie to the police. See Beltran, 153 N.H. at 648, 904 A.2d 709 (evidence of defendant's physical abuse of witness relevant to explain her submission to defendant's demands surrounding murders and her delay in reporting); cf.State v. Berry, 148 N.H. 88, 91, 803 A.2d 593 (2002) (evidence of defendant's physical abuse of victim relevant to explain her delayed reporting of sexual abuse); State v. Connor, 189 Vt. 587, 19 A.3d 146, 148–51 (2011) (evidence of history of defendant's abusive conduct toward victim relevant to establish credible context for assault when victim delayed reporting assault to police). Thus, contrary to the defendant's contention, evidence of the defendant's abuse of Linscott was in a significant way connected to material events constituting the crime charged.

As this Court has recognized, it is a phenomenon that has the potential to severely compromise a victim's ability to secure justice and safety. See, e.g., State v. Connor, 2011 VT 23, ¶ 4, 189 Vt. 587 (discussing potential for domestic-violence victims to recant out of "fear or even misguided affection") (quotation omitted). That is not what has happened here.