State Court denies appeal of sexual predator

WASHBURN The North Dakota Supreme Court on Tuesday affirmed a decision by a McLean County judge, part of the South Central Judicial District, that a man first judged and committed to a state hospital as a “sexually dangerous individual” in August 2010 remains so despite his appeal.

Larry Gene Rubey, 61, appealed the McLean District Court decision to impose limits to evidence that his behavior had changed between his annual review sessions. The order imposing limitations on the scope of review was first made in September 2012.

His last discharge hearing, which is based upon those annual reviews, heard testimony from two psychological experts regarding Rubey’s condition. Both experts agreed that Rubey has “engaged in sexually predatory conduct and has a congenital or acquired condition manifested by a sexual disorder, personality disorder or other mental disorder or dysfunction.”

Where the experts disagreed, though, was the risk Rubey imposed for continuing predatory conduct.

The state’s expert, Dr. Lynne Sillivan, testified that while the age of 60 is considered the average age that risk for reoffending drops off, Rubey is not an average case. She also argued that Rubey remained in the first phase of a four-phase treatment program, the same phase he was in at the time of his last review.

Rubey’s independent evaluator, Dr. Stacey Benson, argued that his risk assessment had dipped from high to moderate, that a medical condition had reduced his sexual functioning, he had shown empathy during treatment and that he had not acted out sexually since his last hearing.

The District Court, later affirmed by the Supreme Court, “found Dr. Sullivan’s opinion more convincing than Dr. Benson’s.”

Rubey had first been convicted of gross sexual imposition in 1988 and then again in 1999 when he was also convicted of two counts of corruption and solicitation of minors.