Fredericksburg judge denies challenge to constitutionality of civil commitment law targeting sexually violent predators

By LAURA MOYER

Date published: 11/23/2004

A Virginia law that aims to keep violent sex offenders behind bars after they've served prison sentences is constitutional, a Fredericksburg judge ruled yesterday.

The Sexually Violent Predators law allows for the civil commitment of certain inmates after they've completed their prison sentences. In such cases, "civil commitment" refers to the court process of commitment to a maximum-security mental treatment facility specifically for post-prison sex offenders.

Circuit Court Judge John W. Scott Jr. heard several motions yesterday in the state's civil commitment case against George Syrkes, 43, who is completing a prison sentence for a 1991 rape in the city.

Syrkes' attorney, Larry C. Brown, asked the court to find the law unconstitutional. He argued that though the commitment is pursued as a civil matter, it is effectively a criminal case that tries an inmate a second time for the original crime. Brown said that though civil commitment supposedly protects the public from probable reoffenders, its effect is additional punishment.

But Scott said he found the law to be properly categorized as a civil matter and that it does not constitute double jeopardy.

Brown also objected to wording in the statute that allows for commitment of an offender who would find it "difficult" to control his abnormal urges. He argued that up to 70 percent of inmates--not just sex offenders--have been diagnosed with personality disorders that might make it difficult to control the behaviors that landed them in prison.

And "difficult" is too vague a standard, Brown said, because it does not define what "difficult" means.

But Scott said he did not find the law too vague.

The law has been used to commit at least 11 sex offenders to date, but Syrkes' case is the first involving a Fredericksburg-area inmate.

Scott allowed the case--a lawsuit filed against Syrkes by the Virginia attorney general's office--to go forward. It's set for a jury trial on Dec. 1.

In 1991, Syrkes was convicted of breaking into the home of a city woman and raping her. The woman testified that she recognized Syrkes as someone who lived in her neighborhood, and she identified him in court as her attacker.

No hairs, fibers, fingerprints or other physical evidence connected Syrkes to the crime, and he continues to deny that he committed it.

To reach LAURA MOYER: 540/374-5417 lmoyer@freelancestar.com

Date published: 11/23/2004