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SORB v. Sex Offender Registry Board

Superior Court of Massachusetts, Suffolk

March 10, 2015

SORB #442364
v.
Sex Offender Registry Board No. 129826

Filed March 12, 2015

MEMORANDUM OF DECISION AND ORDER

DENNIS J. CURRAN, Associate Justice.

INTRODUCTION

The Massachusetts Sex Offender Registry Board has ordered that the plaintiff, SORB #442364, [1] register as a Level 2 sex offender. The plaintiff has appealed his Level 2 classification, and moved for judgment on the pleadings; SORB, in turn, asks that its classification be upheld and that the plaintiff's motion be denied.

For the following reasons, the plaintiff's motion is ALLOWED, and judgment shall enter forthwith for the plaintiff.

BACKGROUND

A. The Underlying Offense

At the heart of this case is a consensual summer affair between a troubled young adult and a teenage girl below the legal age of consent. The plaintiff and the victim met on the ferry to Nantucket in May 2012. The plaintiff was on his way to spend time with his biological father whom he had recently met for the first time. Upon arrival in Nantucket, the plaintiff discovered his father to be a nasty, emotionally-disturbed man who liberally abused both drugs and alcohol. As life would have it, the plaintiff's father and the victim's father were friends.

The plaintiff and the victim developed a friendship over their common emotional experiences and issues with their respective " fathers." According to the victim, she and the plaintiff " hit it off" when they started talking. The plaintiff was 20 years old at the time, and the victim was 13. The victim told the plaintiff her age.

Two months later, despite knowing her age, the plaintiff began a sexual relationship with the young woman. They engaged in sexual intercourse and other sexual acts on several occasions over the course of two summer months. The victim's mother reported the inappropriate relationship on September 17, 2012.

On September 24, 2013, the plaintiff pled guilty to statutory rape in the Nantucket Superior Court and was sentenced to concurrent sentences of two and one-half years in the House of Correction, with eighteen months to serve, and the balance suspended. He was also sentenced to three years of probation supervision after his release from incarceration.

B. The SORB Proceedings

On August 12, 2014, the SORB hearing examiner issued a decision that classified the plaintiff as a Level 2 sex offender and required that he register as a sex offender.[2] The hearing examiner found that the following seven (7) statutory and regulatory factors supported the conclusion that he warranted a Level 2 designation under G.L.c. 6, § 178K(2)(b):

1. the plaintiff was convicted of five counts of rape of a child, which constitutes repetitive and compulsive behavior;
2. the plaintiff was an adult offender and the victim ...

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