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In re Civil Commitment of Rubin9/24/2002
Appellant Maurice Rubin seeks reversal of his commitment as a sexual psychopathic personality (SPP), arguing that his non-violent assaults did not demonstrate that he was dangerous to others; and reversal of his commitment as a sexually dangerous person (SDP), arguing that the evidence was insufficient to establish that he was likely to engage in harmful sexual conduct in the future. He argues, in the alternative, that he should be allowed to implement the least restrictive alternative treatment plan that he proposed at his 60-day review hearing. Because there was sufficient evidence to support appellant's commitment and because appellant failed to meet his burden of showing a less restrictive alternative to commitment, we affirm.
FACTS
Maurice Edward Rubin's history of abuse culminated in three guilty pleas to multi-victim criminal sexual conduct with children, one in 1986 and two in 1992. He also admitted to additional victims other than those in the criminal cases. Several of these victims commenced personal injury lawsuits against him, all of which have settled. In total, he has had 18 documented victims, and 11 of those were over the nine-year period from 1983 to 1992.
Rubin reports several incidents of inappropriate sexual conduct prior to 1972. In the 1950s, Rubin reports that his foster mother abused him over a 12-to-18 month period. He, in turn, abused his foster mother's four-year-old daughter, B.B. While in his teens, Rubin also sexually abused a seven-to-eight-year-old girl he was baby-sitting. Later, while in the military, he admits to inappropriate sexual behavior toward the 14-to-16-year-old Vietnamese girl who cleaned his apartment.
Starting in about 1983, Rubin victimized children he coached on a football team. Victims C.D. and A.B., now adults, testified at his commitment trial. The court found them to be credible witnesses and accepted their testimony as true.
C.D. was about 11 years old when the abuse began. He described abuse occurring over a five-year period at Rubin's cabin, in his work truck, personal truck, work place, and home. C.D. described (1) Rubin's threats to harm and kill C.D. and his parents if C.D. were to tell; (2) Rubin's threats to blame C.D. as the initiator if C.D. were to tell; (3)áRubin's gifts of money and meals and use of toys and alcohol to keep C.D. compliant; and (4) sexual conduct ranging from kissing and fondling to anal penetration. C.D. also testified to the physical and mental harm he suffered and suffers, including depression, insomnia, nightmares, poor academic performance, flashbacks, alcohol use, and weight loss.
A.B. testified to sexual abuse by Rubin when A.B. was 12-to-15 years old. He described incidents of abuse similar to C.D.'s, but without penetration, and B.B. also testified that Rubin photographed his genitals. Like C.D., A.B. testified to suffering from mental and physical harm as a result of the abuse.
At trial, Rubin denied any inappropriate sexual contact with C.D. or A.B. However, at a settlement hearing in a civil case against Rubin in 1993, Rubin testified under oath that he had had inappropriate sexual contact with C.D. on a number of occasions. About the same time as the abuse of C.D., Rubin molested a young female victim, A.M. He admitted to abusing A.M. and digitally penetrating C.D.'s then five-year-old sister N.D., as well.
From 1983 to 1992, Rubin sexually molested J.J., the daughter of Rubin's foster sister, B.B. (whom he molested when he was a child). The abuse began when J.J. was about nine years old and continued until she was 17. He would fondle her, have oral sex with her, and penetrate her with his finger. Rubin war
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