John Doe v. Sex Offender Registry Bd.
John Doe v. Sex Offender Registry Bd.
Opinion of the Court
In 2011, the plaintiff pleaded guilty to three counts of forcible rape of a child and one count of indecent assault and battery on a child under fourteen. The victims were his nine year old son and eleven year old daughter. After a Superior Court judge affirmed a final decision by the Sex Offender Registry Board (SORB) requiring the plaintiff to register as a Level 3 sex offender, the plaintiff filed the current appeal. We affirm.
It is unnecessary to restate here the details of the startling facts underlying the plaintiff's convictions. For present purposes, suffice it to say that on multiple occasions, the plaintiff forcibly raped his young children in about every possible way, and also compelled them to have sex with each other. The plaintiff also had an extensive criminal history involving nonsexual offenses, including convictions for various crimes of violence and six convictions of violating a protective order.
In arguing that he presented only a low to moderate risk of reoffending, the plaintiff relied primarily on the report and testimony of psychologist Laurie Guidry, Ph.D. "The opinion of a witness testifying on behalf of a sex offender need not be accepted by the hearing examiner even where the board does not present any contrary expert testimony" (quotation omitted). Doe, Sex Offender Registry Bd. No. 68549 v. Sex Offender Registry Bd.,
The plaintiff has not shown that the hearing examiner misapplied any of the mandatory factors that must be considered. See Doe, Sex Offender Registry Bd. No. 68549,
Discerning no error, we affirm the judgment affirming SORB's classification decision.
So ordered.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.