On January 13, 2012, the Virginia Supreme Court issued its opinion in DeMille v. Commonwealth, 2012 Va. LEXIS 13, a case involving criminal sexual abuse. DeMille affirmed the judgment of Circuit Court for Fairfax County that the defendant rapist was a “sexual violent predator in need of treatment in a secure [civil] facility” after his scheduled release from the Department of Corrections. Id. at *16.
Specifically, DeMille found under Va. Code Ann. §37.2-900, et. seq., the Civil Commitment of Sexually Violent Predators Act (“SVPA”), that the “factual determination of whether a respondent is a sexually violent predator likely to engage in sexually violent acts is to be based on the totality of the record, including but not limited to expert testimony”. Id. at *1 (emphasis added). Mr. Waterman handles personal injury cases for sexual abuse and other crime victims.