Virginia Sex Crime Rape Sexually Violent Predator Attorneys Fairfax County
EMILLE v. COMMONWEALTH OF VIRGINIA
On March 13, 1989, pursuant to a guilty plea Defendant was convicted in the Circuit Court of Fairfax County of rape. On June 9, 1989, Defendant was sentenced to serve twenty-five years imprisonment, with ten 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 Fairfax County (Virginia) entered an order declaring him to be a sexually violent predator and committed him for treatment and confinement. Defendant appealed.
- Whether the evidence is sufficient to find out the defendant was a sexually violent predator?
This 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. Hence the judgment of the circuit court was affirmed.
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Article written by A Sris
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