State v. George K.
233 W. Va. 698
| W. Va. | 2014Background
- Defendant George K. (IQ ~57–60) was indicted on two counts of third-degree sexual assault (W. Va. Code § 61-8B-5(a)(2)) and two counts of sexual abuse by a custodian (W. Va. Code § 61-8D-5) for sexual intercourse with a 15-year-old.
- Multiple competency evaluations found George K. incompetent to stand trial; later evaluations concluded he was unlikely to attain competency in the foreseeable future.
- The circuit court found the charged offenses involved an “act of violence against a person,” applied W. Va. Code § 27-6A-3(h), committed George K. to a mental-health facility, and retained jurisdiction for 50 years (the aggregate maximum sentence).
- George K. appealed, arguing the offenses do not involve an act of violence and that § 27-6A-3(g) (dismissal and release absent civil commitment) should have applied.
- The State argued the crimes involve violence because sexual offenses against children cause physical, severe emotional, and psychological harm, so § 27-6A-3(h) applies.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether third-degree sexual assault and sexual abuse by a custodian "involve an act of violence against a person" under W. Va. Code § 27-6A-3 | George K.: "Act of violence" requires physical force/threats; offenses lack such elements, so § 27-6A-3(g) should apply and charges be dismissed | State: Sexual offenses against children produce severe physical/psychological harm; "violence" includes emotional/psychological harm, so § 27-6A-3(h) applies | Held: "Act of violence" is not limited to physical force; it includes acts indicating risk of physical, severe emotional, or psychological harm to children. Both statutes involve acts of violence; § 27-6A-3(h) properly applied. |
Key Cases Cited
- State ex rel. Spaulding v. Watt, 188 W. Va. 124, 423 S.E.2d 217 (1992) ("violence to a person" not limited to physical force; sexual assault of children involves severe emotional/psychological harm)
- State v. Smith, 198 W. Va. 702, 482 S.E.2d 687 (1996) (commitment statutes are not penal; purpose is treatment and public protection)
- Chrystal R.M. v. Charlie A.L., 194 W. Va. 138, 459 S.E.2d 415 (1995) (standard: statutory interpretation questions reviewed de novo)
- State v. Goff, 203 W. Va. 516, 509 S.E.2d 557 (1998) (sexual assault of a minor causes traumatic, frequently lifelong physical and emotional damage)