On appeal from the Superior Court of New Jersey, Law Division, Essex County, SVP No. 467-07.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted November 29, 2011
Before Judges Fisher and Baxter.
C.R. appeals from a June 20, 2008 judgment that ordered his involuntary commitment to the Special Treatment Unit (STU) pursuant to the Sexually Violent Predator Act (SVPA), N.J.S.A. 30:4-27.24 to -27.38. We reject C.R.'s claim that the State's proofs fell short of establishing by clear and convincing evidence that he is highly likely to engage in acts of sexual violence if not involuntarily confined. We affirm.
C.R. is a forty-seven year old man whose first sexually violent offense occurred in 1994 when he was twenty-nine years old. While alone in his mother's apartment with M.G., a seventeen-year-old girl whom he knew, C.R. told M.G. that he had not had sex with his wife for a week. He proceeded to ask M.G. if she could "solve his problem." When M.G. refused, and told him to leave the apartment, C.R. grabbed M.G.'s hand and forced her to touch his penis. M.G. ran from the apartment to a friend's apartment upstairs, and when the two returned, they found C.R. with a knife in his hand threatening to commit suicide.
The police transported C.R. to a crisis center, where he remained for twenty-four hours. When informed he was being released, C.R. stated that he was going home to "beat up" M.G. and "cut out her tongue" so she could not provide any further statements to the police. The police took him into custody, and charged him with third-degree terroristic threats and fourth-degree criminal sexual contact. On September 20, 1995, C.R. pled guilty to the latter offense, and was sentenced on November 3, 1995 to a three-year term of non-custodial probation.
On August 1, 1997, less than two years later, C.R. was found guilty of violating probation, but the judge permitted him to remain on probation, requiring him to attend outpatient drug counseling and a sex offender treatment program. Two months later, C.R. was again found guilty of a probation violation. This time, the judge terminated C.R.'s probation and sentenced him to an eighteen-month prison term.
On February 5, 1999, less than a year after his release from prison, C.R. committed his next violent sexual offense, this time attacking a thirteen-year old girl, R.P., in her own home while giving her a karate lesson. As soon as R.P.'s father left to go to work, C.R. began touching R.P.'s legs. When R.P. asked him to stop, C.R. continued to touch her, and threw her to the floor. He then removed her pants and vaginally raped her. C.R. threatened to "come back and kill [her]" if she told anyone that C.R. had raped her.
As a result of his attack on R.P., C.R. was charged with first-degree aggravated sexual assault and third-degree endangering the welfare of a child. On July 15, 1999, he pled guilty to aggravated sexual assault. In the pre-sentence report, C.R. admitted that he engaged in sexual intercourse with R.P., but asserted that the victim seduced him by climbing into her bed, spreading her legs and asking him to have sex with her.
He admitted to being sexually aroused by young girls, and acknowledged being unable to control his arousal.
Prior to sentencing, C.R. was also evaluated by a psychologist, Kenneth L. McNeil, Ph.D. C.R. admitted to Dr. McNeil that he has liked young girls ever since he was fifteen years old, stating "I like young girls. . . . I need you to help me." He told Dr. McNeil that he prefers girls who are thirteen years old, admitting that he frequently fantasizes about them. Asked whether he had raped R.P., C.R. admitted that he did force the child to submit to sexual intercourse and that she had not seduced him, as he had claimed during the earlier interview for his pre-sentence report. C.R. expressed a desire to be sentenced to the Adult Diagnostic and Treatment Center (ADTC) at Avenel. As a result of ...