By: Ginny
Date: 05/25/2012
RSOL of Virginia
My son had consensual sex when he was 16 and she was 12 or 13.
He was tried as an adult for rape, and then when he went back to prison for probation violation tested dirty.
The Virginia Attorney General’s office wants to now commit him indefinitely as a sexually violent predator. Dr. Miller is making up information to have him committed.
My son did not hurt anyone, he doesn’t “hunt people down for his needs” as claimed.
What can I do?
Dr. Miller works for the AG office in Richmond, VA. Isn’t this a conflict of interest?
Ginny
Dear Ginny,
Please understand we are not a legal resource or a reentry group and we can not assist with individual cases.
Our main goal is to stop new and harsher laws from being passed both in Virginia and in Washington, DC and to hopefully repeal or amend existing laws that should never have been passed in the first place.
We also want to be a resource for finding the laws, restrictions and regulations as well as research data before us this information was not available.
You should contact your one State Delegate and one State Senator. Introduce yourself and tell them what is happening. If you don’t know who your representatives are go here, http://conview.state.va.us/whosmy.nsf/main?openform . Hopefully you are also registered to vote, they check for that.
I visited the VCBR in Burkeville last August and met with 9 of the 20 residents that write to us. Two of the nine are their because of probation violations, not a second crime. Half of the population at the facility is gay, the Static 99 assessment tool is targeted towards the homosexual population, hopefully your son is not gay otherwise that will dramatically count against him. http://www.rsolvirginia.org/civil/
It’s not just Dr. Miller, it’s the Virginia AG’s office, the Governors office, the state of Virginia that is trying to lock your son up for an undetermined amount of time after he has completed his court mandated sentence.
You need to find an attorney to fight the AG’s office/state to stop the commitment from happening. Once it happens there is no undoing it. The process can take more than 2 years, which sounds long but if you win that’s better than the alternative. If he goes to the VCBR, he’ll be there for a minimum of 5 years.
http://www.rsolvirginia.org/news/bulletin-board/posting-409/
http://www.rsolvirginia.org/news/bulletin-board/posting-410/
By the way, the rape of a 12 year old by someone 3+ years (that includes 3 years/one month) older in Virginia today holds a mandatory minimum 25 years in prison sentence.
Nothing lighter is allowed. Virginia does not have a statutory rape statute.
At the 2012 Virginia General Assembly session in Richmond there was a bill to increase it to a mandatory minimum of life in prison no matter if the perpetrator was a juvenile or 18 years old.
That bill was amended to life only for an 18 year old or older who rape, sodomizes, object penetrates a 12 year old or younger. It turns out sentencing a juvenile to life is unconstitutional, but the majority of the VA House was ready to do it this past January. I was the only person who opposed the mandatory minimum sentence for the juveniles. I did not oppose the 18 year olds and neither did anyone else.
So if your son was convicted today and she was 12 years old not 13 he’d be serving a 25 year sentence it doesn’t matter that the intercourse was consensual in the Commonwealth’s eyes.
Please keep us posted in his commitment hearing.
RSOL of Virginia
