In re Civil Commitment of F.V., 050914 NJSUP, A-2692-11T2
| Judge | Before Judges Parrillo and Kennedy. |
| Parties | IN THE MATTER OF THE CIVIL COMMITMENT OF F.V., SVP-589-10. |
| Docket Number | A-2692-11T2 |
| Court | New Jersey Superior Court |
| Date | 09 May 2014 |
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted March 17, 2014
On appeal from the Superior Court of New Jersey, Law Division, Essex County, Docket No. SVP-589-10.
F.V. appeals from a December 12, 2011 judgment of the Law Division ordering his initial involuntary civil commitment to the Special Treatment Unit (STU) as a sexually violent predator under the Sexually Violent Predator Act (SVPA), N.J.S.A. 30:4-27.24 to -27.38. We affirm.
F.V. is currently forty five years of age. The predicate offense underlying his civil commitment occurred on June 15, 1996, when he sexually assaulted his girlfriend's seven-year-old niece, A.M. During the course of the prosecutor's investigation, A.M. reported a pattern of sexual molestation that endured between six months and two years, during which time F.V. would bring A.M. to the basement and place her on top of the washing machine or a wooden work bench, then attempt to have her perform fellatio on him, perform cunnilingus on her, and touch her vagina with his hands and penis.
Eventually, on May 9, 2000, defendant pled guilty to first-degree aggravated sexual assault of A.M. He was sentenced to a twenty-year term of imprisonment, with a ten-year period of parole ineligibility.
The predicate crime to which defendant pled guilty occurred shortly after his entry of another guilty plea on May 10, 1996, this time to fourth-degree criminal sexual contact and third-degree terroristic threats. The underlying incident occurred on December 8, 1993, when defendant sexually assaulted an adult female acquaintance. When the victim resisted his attempts at fellatio and vaginal and anal penetration, F.V. threatened to kill the victim and her two-year-old daughter if she reported the attack. For these crimes, defendant was sentenced on August 7, 1998 to a five-year probationary term.1
Before the completion of his sentence on the predicate crime, on October 19, 2010, the State applied for his commitment to the STU pursuant to the SVPA. At the hearing, the State presented the expert testimony of Dr. Alberto Goldwaser, a psychiatrist, and Dr. Doreen Stanzione, a psychologist. F.V. presented the expert testimony of Dr. Barry Zakireh, a psychologist.
Based on his examination of F.V. on May 3, 2011, as well as information sources customarily relied upon in performing risk assessments, and the diagnostic impressions of other experts, Dr. Goldwaser diagnosed F.V. with Paraphilia NOS, Polysubstance Abuse with institutional remission, and Anti-Social Personality Disorder. According to Dr. Goldwaser, F.V.'s Paraphilia NOS was indicated by his "intense sexual urges that he cannot control[, ]" as demonstrated by his threats of force, use of force, and "multiple acts" on each victim. Indeed, F.V.'s lack of control was strongly evidenced by his arrest for molesting A.M. occurring about a month after pleading guilty to sexually assaulting his first victim. And in the expert's opinion, F.V. is likely to reoffend: "This is an individual that, again, he's not taking responsibility for these behaviors, denies all of them, or moves them to be insignificant, does not have empathy for his victims, and does not have skills to prevent reoffending. This condition would -- highly condition him to reoffend sexually."
Dr. Stanzione diagnosed F.V. with non-exclusive Pedophilia, Polysubstance Abuse and Personality Disorder. Significant...
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