The Virginian-Pilot
©
PORTSMOUTH
Twenty years ago, David Scott Smith was convicted of abducting an 8-year-old girl from her home and sexually assaulting her. He was given a 35-year sentence, but because his conviction predated the "truth-in-sentencing" laws, he was up for release.
But Smith got snagged this week by another more recent law. A civil jury Tuesday determined him to be a sexually violent predator and a danger to the community. Now Smith, 42, will be committed to the Virginia Center for Behavioral Rehabilitation, a facility for sex offenders in Nottoway County. He will come before a judge for evaluation in a year.
His victim in 1990 was a neighbor's child who had been playing in her bedroom when Smith came to the window and persuaded her to open it, according to details of the crime that came out in court. He took her to the woods and molested her, then fled when a man saw what was happening and fired a shot with a gun.
Smith was arrested and convicted of aggravated sexual battery, abduction with intent to defile and taking indecent liberties with a minor.
Smith's lawyer, Michael Rosenberg, conceded what Smith did 20 years ago was difficult to get past. But he said the state had not proven there was "clear and convincing" evidence that Smith was likely to commit another sexually violent act. "You're being asked to predict the future," he said.
Jurors heard from psychologists who had evaluated Smith for both sides. Details of Smith's background revealed a life that was bleak even before prison.
According to testimony, Smith's father suffered from schizophrenia and died when he was 13. He was sexually abused as a child by a relative. Smith started drinking at a young age and blew a modest inheritance on illicit drugs.
Two psychologists diagnosed Smith with anti-social personality disorder, which makes it hard for him to control himself. Dennis Carpenter, a psychologist who testified for the state, said Smith was a high risk for committing another violent sex crime.
Evan Nelson, another psychologist, testified that Smith was a high risk for committing another crime when released, but a moderate risk for committing another violent sex crime.
"We don't have to prove a sexual offense is going to be the first crime he commits when he gets out," John McLees, a senior assistant attorney general, told jurors. The likelihood that at some point he would do so was sufficient, he said.
Janie Bryant, (757) 446-2453, janie.bryant@pilotonline.com
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Seriously.....
Im no fan of rapist and child molesters! but i think the man has done his time and can you say he is a danger to the community when he isnt giving another chance..its not his fault "OUR JUSTICE SYSTEM SO PERFECT" sexual Assault 10-20yrs...Murder 10-12 years if that...Drug Trafficking LIFE! THE DANGER TO THE COMMUNITY IS STILL IN THE COMMUNITIES AND IS WALKING UP AND DOWN THE STREET EVERYDAY POSTING UP ON THE CORNER
My name is Keith Smith. I
My name is Keith Smith. I was abducted, beaten and raped by a stranger. It wasn’t a neighbor, a coach, a relative, a family friend or teacher. It was a recidivist pedophile predator who spent time in prison for previous sex crimes; an animal hunting for victims in the quiet, bucolic, suburban neighborhoods of Lincoln, Rhode Island.
I was able to identify the guy and the car he was driving. Although he was arrested that night and indicted a few months later, he never went to trial. His trial never took place because he was brutally beaten to death in Providence before his court date. 34 years later, no one has ever been charged with the crime.
In the time between the night of my assault and the night he was murdered, I lived in fear. I was afraid he was still around town. Afraid he was looking for me. Afraid he would track me down and kill me. The fear didn’t go away when he was murdered. Although he was no longer a threat, the simple life and innocence of a 14-year-old boy was gone forever. Carefree childhood thoughts replaced with the unrelenting realization that my world wasn’t a safe place. My peace shattered by a horrific criminal act of sexual violence.
Over the
communistwealth
Does anyone out there think that one should face LIFE in prison for punching someone? Because in Virginia that can technically happen via a charge called "aggravated malicious wounding" which carries 20 to life. People should be punished, but let's be reasonable here. No one should face life in prison for punching someone--it's just ludicrous.
To be charged with
To be charged with aggravating malicious wounding, the victim would have to suffer from severe, permanent damage. That would take a pretty significant punch to cause that. For someone to get life for that charge, it would take much more than just a punch to the face.
when it comes to sex offenders
I don't care if they throw away the key.
Where is the outrage
on this story of today?
"Christiansburg police say 34-year-old Diana Eckes Canter is charged with eight counts of custodial sexual intercourse with a minor.
Canter faces up to five years in prison if convicted of the charges. She remains free on bond following her arrest late Tuesday."
I think this guy deserves more than he got but let's be constistent please.
Blueneck, You're Way Out Of Line
"He didn't murder the child. I think 20 years is a stiff punishment for what he did".
Blueneck, have you lost your mind? Do you honestly think 20 years is too harsh for what this animal did? What about the lifetime sentence of depression, anxiety, fear, and stress that has been forced upon this innocent child by this animal? What if this horrid crime happened to your little girl, or niece, or grandchild? Would 20 years still be a stiff punishment? If you are so completely unhappy living in a "communistwealth", you are more than welcome to move elsewhere.
AND he only stopped what he
AND he only stopped what he was doing because he was caught in the act. WOULD he have killed her if allowed more time? He SHOULD stay right where he is.
Oh my,
Now there are Three (3) articles today relating to this!
2nd article........ "A Beach man acknowledged in court Tuesday molesting a 4-year-old girl."
NOW.......A Navy reservist pleaded guilty today to sexually abusing a young girl while stationed in Iceland and also to filming two minors engaged in sexually explicit conduct.
The computer had thousands of pornographic photos and videos of young boys and girls. One series of pictures shows Martinez and a young girl engaged in sex acts, the records say. Another girl in the videos told authorities that Martinez began molesting her and taking photos when she was 6.
Unbelievable......one child 4 yrs.old..one child 6 yrs. old.
2nd article relates to BOYS & GIRLS....this is SO sad & scary!
Another option
When a person sexually abuses another, especially an innocent child, castration should be done to "calm down their hormones". Good grief. Then the perpetrator won't do this to anyone else. Whether the guy had mental issues or not, he did something dispicable. Protect HIM by castration, then, no other person will me violated.