WA Supreme Court: Rapey McRaperson Gets No Full Evidentiary Review Under Sexually Violent Predator Law
This is one of those lovely Sexually Violent Predator cases I love so much. Basically, every year these guys get a review. If their condition has changed, usually through treatment, they can get a full review hearing to determine if they can possibly be released. The State either has to present evidence that continued evidence is warranted, or the person restrained can provide evidence that their condition has changed and warrants essentially a new trial on their commitment.
Essentially, Meirhoffer had gone on a little burglary, rape, and kidnapping spree, including raping two young boys and one young girl, kidnapping one of the boys. Full on cray cray! This is a quote from his 2010 evaluation: “Meirhofer felt entitled to rape teenage boys when he could not find a way to seduce them.” He was also caught making alcohol despite intoxication being one of the factors in his rape. Not getting that impulse control is inhibited by any intoxication, Meirhofer responded, “Quite frankly, I never raped anyone when I was drinking, only when I was under the influence of methamphetamine did I do that.” He was only sad that he got caught for that one, not that he did it.
The confusing part of this case was really a standard that the Supreme Court enunciated, but then withdrew, which created a new standard under which Meirhofer would no longer meet the confinement criteria, but in withdrawing the opinion, he is no longer entitled to full evidentiary review. Its a great read for that. Just know that Merihofer remains confined.
While the lawyers at Issaquah Legal Services do not currently practice criminal law or civil commitment law, we expect to add an Issaquah Attorney practicing in the area soon. In the meantime, please contact us for a referral to other qualified attorneys.