After jury trial, Respondent was found to be a sexually violent person (SVP) under the Sexually Violent Persons Commitment Act. All of the experts, including Respondent's expert, testified to the validity of the diagnosis of OSPD nonconsent (other specified paraphilic disorder, nonconsenting persons), and this diagnosis has been recognized in multiple cases in Illinois. Any error in limiting testimony about the controversy about the diagnosis was harmless. State's expert's single reference about referral statistics in the sex offender screening process did not reference Respondent and occurred while State was qualifying him as expert. All experts testified as to Respondent's progress in treatment, including his disclosure of numerous other victims and sex offenses beyond the convicted sex offenses. (ELLIS and BURKE, concurring.)
Illinois Appellate Court
Criminal Court
Sexually Violent Persons Commitment Act