A sexually violent predator (SVP) is a legal designation. An SVP is someone who has committed a sexually violent crime, and it is determined that he or she will likely commit other sexually violent crimes if released.
Legal Definition of a Sexually Violent Predator
In California, an SVP is defined as:
1) a person who has been convicted of certain offenses, including child molestation or rape, and
2) the person who has a diagnosed mental disorder, and
3) that mental disorder makes it likely that he or she will commit sexually violent acts in the future.
All three of those elements must be met before someone can be designated an SVP.
1) a person who has been convicted of certain offenses, including child molestation or rape, and
2) the person who has a diagnosed mental disorder, and
3) that mental disorder makes it likely that he or she will commit sexually violent acts in the future.
All three of those elements must be met before someone can be designated an SVP.
Legal Process to Designate Someone a Sexually Violent Predator
Before a person can be designated an SVP, he or she must be evaluated by two independent psychologists or psychiatrists who conclude that he or she meets the legal definition of an SVP.
Once he is designated an SVP, the person can go to trial. At a trial, a jury has to decide whether they are an SVP beyond a reasonable doubt.
If a jury finds the person to be an SVP, he or she is committed to the state hospital indefinitely, unless and until it is determined that he or she is no longer a danger to society.
An SVP designation is not considered punishment. Although the person must have previously committed a crime to be considered as an SVP, an SVP commitment is considered a civil commitment for the protection of society.
The civil commitment as an SVP happens after the person has served their time for the crime.
Once he is designated an SVP, the person can go to trial. At a trial, a jury has to decide whether they are an SVP beyond a reasonable doubt.
If a jury finds the person to be an SVP, he or she is committed to the state hospital indefinitely, unless and until it is determined that he or she is no longer a danger to society.
An SVP designation is not considered punishment. Although the person must have previously committed a crime to be considered as an SVP, an SVP commitment is considered a civil commitment for the protection of society.
The civil commitment as an SVP happens after the person has served their time for the crime.
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