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Man’s status as a sex offender in question

On February 1, 2008, the King’s County Supreme Court, concluded a hearing to determine whether a 37-year-old man is a sex offender requiring civil management and confinement during the pendency of the his trial for various sex crimes: rape, child pornography and sexual abuse.

The man was eligible for conditional release to parole supervision on December 9, 2007 after he had been convicted of sexual abuse in the first degree by forcible compulsion in 1993 and in 2004. However, on November 23, 2007, a report was prepared by the case review team of the New York State Office of Mental Health recommending that he be evaluated by a psychiatrist to determine whether he is a sex offender with a mental abnormality requiring civil management. On December 5, 2007, however, the examining doctor concluded that he suffers from a mental abnormality and is at high risk to commit sex offenses. A civil management petition was then filed to rule on the issue.

The witness presented is a licensed forensic psychologist for the New York State Office of Mental Health. In the doctor’s opinion, after an analysis of the man’s contacts with the criminal justice system, parole and probation reports, correctional facility documents, sex offender treatment documents, an interview with the offender himself and hospital psychiatric records, he is suffering with personality disorder with antisocial features and cognitive disorder NOS (not otherwise specified) and has a pervasive pattern of disregard for the rights of others. Over the last 20 years, the man has had 11 arrests, 4 of which were for rape. Two of the sexual assaults occurred while he was on parole supervision. During incarceration, he incurred more than 30 disciplinary tickets. One of these offenses was for engaging in sexual intercourse in the visiting yard. He displayed no remorse for his offenses and would occasionally deny culpability, unless he was convinced that an admission would be of benefit to his present circumstance. In one instance, he initially denied raping his victims, and received unsatisfactory progress reports. Subsequently, he regularly admitted his culpability and received better reports. He learned quickly that his evaluations were more favorable when he admitted responsibility. It was clear to the examiner that his inconsistent admissions of his wrongdoing were a product of his desire to tell the listener what he believed the listener wanted to hear.

The Supreme Court concluded that there is probable cause to believe that the man is dangerous and that lesser conditions of supervision would not suffice during the pendency of the case against him. Aside from the doctor’s findings, the man’s history is indicative of his failure to live crime free while on parole supervision. Specifically, he committed two sexual offenses while on parole, one of which occurred just one month after release. His predatory sexual behavior even occurred in the building in which he and his family lived. Confining such a sex offender to his home does not separate respondent from his past victim pool and that it will not be adequate to protect the public during the pendency of the sex crimes filed against the man.

Stephen Bilkis & Associates with its pool of Bronx Criminal Lawyers has convenient offices throughout the Bronx area. Our Bronx Criminal Lawyers can provide you with advice to guide you through various sex crimes such as rape and child pornography. Without a Bronx Sex Crime Attorney not only you may lose your rights but also make it harder for you or a love one to cope from the effects of abuse.

Please know that in addition to Bronx Law, Stephen Bilkis and Associates can recommend a Bronx Sex Crime Lawyer in your area to help you.

If you or a loved one is a victim of sexual abuse, a Bronx Sex Crime Attorney will stand by you to see you through your case. A Bronx Sex Crime Attorney can argue your side and make sure that you or your loved ones are protected.

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