John Doe v. Sex Offender Registry Bd., 123 N.E.3d 800 (2019)
- Citation
- John Doe v. Sex Offender Registry Bd., 123 N.E.3d 800 (2019)
- Parent Document
- John Doe v. Sex Offender Registry Bd., 123 N.E.3d 800 (2019)
- Jurisdiction
- Massachusetts (state)
- Effective Date
- 2019-02-06
Other Sections in This Document (11)
- John Doe v. Sex Offender Registry Bd., 123 N.E.3d 800 (2019)
- John Doe v. Sex Offender Registry Bd., 123 N.E.3d 800 (2019)
- John Doe v. Sex Offender Registry Bd., 123 N.E.3d 800 (2019)
- John Doe v. Sex Offender Registry Bd., 123 N.E.3d 800 (2019)
- John Doe v. Sex Offender Registry Bd., 123 N.E.3d 800 (2019)
- John Doe v. Sex Offender Registry Bd., 123 N.E.3d 800 (2019)
- John Doe v. Sex Offender Registry Bd., 123 N.E.3d 800 (2019)
- John Doe v. Sex Offender Registry Bd., 123 N.E.3d 800 (2019)
- John Doe v. Sex Offender Registry Bd., 123 N.E.3d 800 (2019)
- John Doe v. Sex Offender Registry Bd., 123 N.E.3d 800 (2019)
- John Doe v. Sex Offender Registry Bd., 123 N.E.3d 800 (2019)
Full Text
987 charsSecond, the plaintiff maintains that the hearing examiner improperly found that certain regulatory factors applied, or otherwise improperly gave factors "increased weight."4 For example, the plaintiff suggests that a hearing examiner may apply factor 2 (repetitive, compulsive behavior) only where the offender has previously been charged with similar sex offenses. We disagree. The regulations expressly state that this factor applies where the offender "engages in two or more separate episodes of sexual misconduct[, and that] [t]o be considered separate episodes there must be time or opportunity, between the episodes, for the offender to reflect on the wrongfulness of his conduct." 803 Code Mass. Regs. § 1.33 (2) (a). The examiner did not erroneously conclude that the plaintiff's multiple attacks on two separate child victims over a period of approximately six months constituted "two or more separate episodes of sexual misconduct." Id. See Doe No. 1211, 447 Mass. at 763-764.