SC: Sex crime suspect can’t face criminal trial but can be confined, SC high court rules

Source: postandcourier.com 6/22/23

COLUMBIA — He was not convicted of the sexual crimes South Carolina accused him in 2005 of committing. After years of forced psychological hospitalization, the doctors at the state Department of Mental Health recommended he be transferred to a residential care facility, as he was treated for schizophrenia and schizotypal personality traits.

But South Carolina’s High Court ruled June 21 that it’s constitutional for the state’s top lawyer to seek to keep Francis ____ confined anyway.

In a case originating out of Lexington County, the state Supreme Court ruled an obscure provision in state law that carves out a special process for involuntary commitment of those deemed sexually violent, even if they’re mentally incompetent to stand criminal trial, holds up to constitutional muster. 

____’s lawyers declined to comment on the case.

____ was indicted in 2005 for a multitude of sex crimes — first degree criminal sexual conduct with a minor, two counts of assault with intent to commit first degree criminal sexual conduct, sodomy and exposure of private parts in a lewd and lascivious manner. But when it was found his mental illness made him unable to stand trial, he was instead hospitalized with the state Department of Mental Health from 2005 until 2011.

Read the full article

 

Related posts

Subscribe
Notify of

We welcome a lively discussion with all view points - keeping in mind...

 

  1. Submissions must be in English
  2. Your submission will be reviewed by one of our volunteer moderators. Moderating decisions may be subjective.
  3. Please keep the tone of your comment civil and courteous. This is a public forum.
  4. Swear words should be starred out such as f*k and s*t and a**
  5. Please avoid the use of derogatory labels.  Always use person-first language.
  6. Please stay on topic - both in terms of the organization in general and this post in particular.
  7. Please refrain from general political statements in (dis)favor of one of the major parties or their representatives.
  8. Please take personal conversations off this forum.
  9. We will not publish any comments advocating for violent or any illegal action.
  10. We cannot connect participants privately - feel free to leave your contact info here. You may want to create a new / free, readily available email address that are not personally identifiable.
  11. Please refrain from copying and pasting repetitive and lengthy amounts of text.
  12. Please do not post in all Caps.
  13. If you wish to link to a serious and relevant media article, legitimate advocacy group or other pertinent web site / document, please provide the full link. No abbreviated / obfuscated links. Posts that include a URL may take considerably longer to be approved.
  14. We suggest to compose lengthy comments in a desktop text editor and copy and paste them into the comment form
  15. We will not publish any posts containing any names not mentioned in the original article.
  16. Please choose a short user name that does not contain links to other web sites or identify real people.  Do not use your real name.
  17. Please do not solicit funds
  18. No discussions about weapons
  19. If you use any abbreviation such as Failure To Register (FTR), Person Forced to Register (PFR) or any others, the first time you use it in a thread, please expand it for new people to better understand.
  20. All commenters are required to provide a real email address where we can contact them.  It will not be displayed on the site.
  21. Please send any input regarding moderation or other website issues via email to moderator [at] all4consolaws [dot] org
  22. We no longer post articles about arrests or accusations, only selected convictions. If your comment contains a link to an arrest or accusation article we will not approve your comment.
  23. If addressing another commenter, please address them by exactly their full display name, do not modify their name. 
ACSOL, including but not limited to its board members and agents, does not provide legal advice on this website.  In addition, ACSOL warns that those who provide comments on this website may or may not be legal professionals on whose advice one can reasonably rely.  
 

2 Comments
Inline Feedbacks
View all comments

Kind if disturbing how one need not even be convicted of a sex crime to be eligible for indefinite “treatment” in one of those not-a-prisons.