Soe v. Sex Offender Registry Bd.

Plaintiff's 11-year-old stepdaughter told the Sexual Assault Investigation Network (SAIN) that the plaintiff had engaged in sexual conduct with her since she was four years old. Before trial on the resulting charges, the plaintiff sexually assaulted a 16-year-old. He pleaded guilty to indecent assault and battery on a person over 14, G.L. c. 265, 13H. The Sex Offender Registry Board notified the plaintiff of his duty to register and of its preliminary classification of him as a level three sex offender. The plaintiff requested administrative review and moved to continue the hearing until the case regarding his stepdaughter's allegations was resolved. The board denied the motion and considered a summary of the stepdaughter's SAIN interview. Plaintiff’s attorney told the hearing examiner that criminal trial counsel was guarding the plaintiff's Fifth Amendment rights and that the plaintiff, therefore, would not testify or present evidence. The hearing examiner found that the plaintiff presented high risk to re-offend and a high degree of dangerousness, and ordered registration as a level three sex offender. Plaintiff was later found not guilty with respect to his stepdaughter, except the charge of open and gross lewdness. The plaintiff sought review of his final classification, G.L. c. 6, 178M. A trial judge affirmed. The Massachusetts Supreme Court affirmed, acknowledging that a convicted offender, awaiting trial on separate sexual offense charges, has a difficult dilemma where a classification hearing is held before the criminal trial. The board acted within its discretion in weighing the public safety interest in obtaining prompt final classification against the offender's interest in not potentially compromising his criminal trial strategy. The board now has discretion to reconsider the classification, but the acquittal is insufficient alone to show that the allegations were false. View "Soe v. Sex Offender Registry Bd." on Justia Law