Rape Virginia Misconduct Parole Evidence Lawyers Lee County
Taylor v. Commonwealth
Defendant pled guilty to rape and was sentenced to 25 years in prison, with10 years suspended. The Attorney General filed a petition seeking civil commitment as a sexually violent predator under Va. Code Ann. § 37.2-305. The Circuit Court of Lee County (Virginia) entered an order declaring him to be a sexually violent predator and committed him for treatment and confinement. Defendant appealed. Defendant argued that sufficient evidence did not support the finding that he was a sexually violent predator.
- Whether the Defendant is a sexually violent predator to engage in sexually violent acts?
The state Supreme Court held that the circuit court’s finding that defendant was a sexually violent predator in need of treatment in a secure facility was supported by clear and convincing evidence. While neither psychologist was able to opine that the sexual offenses the offender was likely to commit in the future would be sexually violent acts as defined in Va. Code Ann. § 37.2-900, neither could they exclude that likelihood. Indeed, both experts were clear that the random, brutal nature of the rape he committed and other elements of his history were significant factors in their determination that the likelihood that he would reoffend was higher than the actuarial data suggested. Additional evidence established that he had proven unsuitable for supervised parole, continued to have difficulty with impulse control, and sought to minimize or excuse his acts of misconduct including the rape. Thus, the factual determination that he was likely to engage in future sexually violent acts was not plainly wrong or without support in the evidence. The judgment of the circuit court was affirmed.
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Article written by A Sris
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