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Defendant Challenges Sex Offender Risk Assessment

The People of the State of New York are the plaintiffs in this case. The defendant of the case is Anthony Sumpter. The case is being heard in the Criminal Court of the city of New York located in Queens County. Judge Sheryl L. Parker is overseeing the case.

The defendant has been charged with a felony complaint of second degree rape and endangering the welfare of a child. The defendant entered a plea bargain and he pled guilty to attempted rape in the third degree. He was sentenced to six months in jail.

In cases such as this it is required by law that the defendant be assessed using a Risk Assessment Instrument to determine the risk of reoffending. The defendant was found to be a level two or a moderate risk for reoffending. The defendant is challenging this assessment.

Case Background

A detective signed a document that stated that he was informed by the complainant, who was twelve years old, that the defendant, aged 39, had sexual intercourse with her between the dates of April 1st and April 15th, 1997. She states that he lay on top of her and held her down with his body. She also states that he told her that if she told anyone that he would kill her. Additionally, it is alleged that the defendant on a few occasion would place his finger in the victims vagina and on her breasts.

On the 12th of August, 1997, the defendant pleaded guilty to a lesser charge of attempted rape in the third degree. He said he had sex with the victim on one occasion. There were no provisions in the plea agreement that required the defendant to attend any type of therapy or treatment.

Before the defendant was sentenced he was interviewed by someone from the Department of Probation. During this interview he admitted to having sex with his niece, who was 12. He states that he feels terrible about it and that is should not have happened.

On the 30th of October, 1997, the defendant was assessed by the Board of Sex Examiners as required by the Sex Offender Registration Act. He was found to be a level 2 risk, which means he poses a moderate risk for reoffending.

Case Discussion and Decision

Anyone that has committed a sexually deviant act is automatically assessed as a level on offender. Level one offenders show few signs that the act will be repeated. The address and particulars of the defendant are provided to local law enforcement authorities.

A designation of level 2 shows a moderate risk of repeating the offense. As a level two offender the police are given the right to disclose relevant information about the offender. This includes the zip code of where they live as well as a recent photograph.

The defendant was assessed as a level two based on the number of points that he received on the Risk Assessment Instrument. This includes 10 points for the use of forcible compulsion, 25 points for sexual intercourse, 20 points for the continued course of sexual misconduct, and 20 points for his age. This total comes to 75 points. He also was given 10 points for the post offense behavior of not accepting responsibility for his actions and 15 points for being released without supervision.

The court has reviewed all of the facts in regard to the assessment of points and rules that the assessment is correct. The defendant is a level two offender.

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