Commonwealth v. Fay

After a jury-waived trial, Defendant was found to be a sexually dangerous person and ordered civilly committed. While the judge found that although Defendant was only likely to commit noncontact sexual offenses in the future, the judge concluded that the offenses would instill in Defendant's victims a “reasonable apprehension of being subjected to a contact sex crime,” and thus Defendant was a “menace” as defined in Commonwealth v. Suave. The Supreme Judicial Court affirmed, holding (1) the evidence was sufficient to prove that Defendant was a menace to the health and safety of others and a sexually dangerous person within the meaning of Mass. Gen. Laws ch. 123A; and (2) Defendant’s commitment as a sexually dangerous person did not violate his substantive due process rights. View "Commonwealth v. Fay" on Justia Law