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In re Civil Commitment of Rubin9/24/2002
ned J.J. not to tell anyone or he would say that she asked for it. He also abused J.J.'s younger sister, NB, in the same ways from 1991 to 1992, when N.B. was six-to-eight years old. He bought both girls presents to maintain their compliance.
J.N., six-to-nine years old, and her younger sister, J.N., four-to-seven years old, were also abused by Rubin at his restaurant and other locations. Rubin fondled their vaginas, performed oral sex on them, and had one fondle his penis. One of the sisters suffered from depression, fear, anxiety, and emotional distress.
Rubin also admitted touching K.B., four years old, and S.B., six years old, on their vaginal areas and digitally penetrating S.B.'s vagina. The abuse occurred at the restaurant, at the telephone company offices, and in a restaurant parking lot.
Between 1984 and 1986, Rubin molested other children, ages three to nine, at his wife's daycare. In addition to the four alleged victims, J.H., K.S., E., and C.H., Rubin remembers touching "others" at the daycare, too.
The first criminal complaint against Rubin was brought in Hennepin County in 1986 and was based on the daycare complaints. Rubin pleaded guilty to one count of second-degree criminal sexual conduct, and two other counts were dismissed. He was given a stayed sentence of ten years in prison. He served six months at the Hennepin County Adult Corrections Facility and participated in Alpha Human Services outpatient treatment from March 1987 to November 1991. Rubin concedes that while he was in treatment, he continued to reoffend. Rubin's second and third criminal complaints were filed in Chisago and Hennepin counties in 1992. These were based on the allegations of the children he abused while he was in treatment at Alpha House. Of the two complaints, Rubin pleaded guilty to five counts of first-degree, two counts of second-degree, and one count of third-degree criminal sexual conduct. He was sentenced to 86 months in prison in the Hennepin County case and a concurrent sentence in Chisago County. The four civil actions alleging abuse followed.
At his commitment trial, Rubin described his "grooming" behavior: he would get familiar with his victims, learn what their likes and dislikes were, and then "go from there." He said he never forced the children into anything. Rubin did not believe that they wanted him to do things to them, but his own sexual gratification was all that was important. The children wanted whatever gifts and treats he had to offer. He liked the younger victims because they were easier to control, and he liked power and control. He also testified that he knew that his conduct was wrong, but he did it anyway. Rubin also testified that he would like to get treatment at Alpha House and to live in an apartment on his own.
Three experts testified at trial: (1) Dr. Ayers, Rubin's outpatient therapist while he attended Alpha House; (2) Dr. Gilbertson, a licensed psychologist and a frequent court-appointed examiner in SDP/SPP cases; and (3) Dr. Nelson, a licensed psychologist and the second court-appointed examiner. Drs. Gilbertson and Nelson testified in support of Rubin's commitment as an SDP and SPP. The 60-day report was based on additional expert opinion regarding Rubin's status. While the report was limited, due to Rubin's failure to complete the clinical interview, it recommended continued indeterminate commitment.
Rubin was incarcerated on December 8, 1992, based on his Hennepin and Chisago County guilty pleas. Prior to his scheduled release date of May 7, 2001, Chisago County petitioned for his dual commitment as SPP/SDP. After a court trial, the court made findings, conclusions, and an order for Rubin's com
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