In re Civil Commitment of S.S., 372 N.J. Super. 13 (2004)

In the case In re Civil Commitment of S.S., 372 N.J. Super. 13, 855 A.2d 30 (App. Div. 2004), the Superior Court of New Jersey, Appellate Division, affirmed a judgment involuntarily committing the petitioner to the Special Treatment Unit as a sexually violent predator under the Sexually Violent Predator Act, N.J. Stat. § 30:4-27.24 et seq. The statute requires the State to prove by clear and convincing evidence that an individual is a sexually violent predator who currently suffers from a mental abnormality or personality disorder that makes the person highly likely to commit acts of sexual violence if not confined. The petitioner had been indicted for multiple violent sexual offenses, including aggravated sexual assault of five preteen girls, five counts of kidnapping, two counts of terroristic threats, two counts of robbery, two counts of unlawful possession of a weapon, and two counts of possession of a weapon for an unlawful purpose. The trial court determined that expert testimony established that the petitioner suffered from a mental condition that predisposed him to sexual violence and that his release would pose a high risk of reoffending. On appeal, the Appellate Division concluded that the record contained sufficient credible evidence to support the trial court’s findings. The State had met its burden of proof through consistent expert testimony that the petitioner’s mental disorder created a strong likelihood of future sexual violence unless he remained confined for treatment.

Topics

• Sexual violence and rape

Geographical location

• North America
• United States
• New Jersey

Keywords

• criminal law and procedure
• violence against women
• institutional care
• mental disorder
• confinement

Year

• 2011

External URL

• In re Civil Commitment of S.S., 372 N.J. Super. 13 (2004)

Court

• New Jersey Superior Court

Type

• Domestic Case Law

Jurisdiction

• New Jersey