CASTRATED CHILD MOLESTER TO REMAIN IN A MENTAL INSTITUTION INSTEAD OF BEING RELEASED INTO THE COMMUNITY

 

OCDASeal

Orange County District Attorney
Press Release


Tony Rackauckas, District Attorney
401 Civic Center Drive West
Santa Ana, CA 92701

For Immediate Release
July 7, 2006
Contact:

Susan Schroeder
Public Affairs Counsel
(714) 347-8408 Office
(714) 323-4486 Cell

CASTRATED CHILD MOLESTER TO REMAIN IN A MENTAL INSTITUTION INSTEAD OF BEING RELEASED
INTO THE COMMUNITY

SANTA ANA – Orange County District Attorney’s office was successful in keeping a twice convicted child molester in custody in a mental institution.  Kevin Reilly, 34, agreed to waive the probable cause hearing and a trial after OCDA presented three evaluators who determined that Reilly is a continued risk for repeat sexual offenses.  He will be civilly committed in a mental hospital for two years. 

In the 1980’s, Reilly was convicted and served time in prison for molesting a child, and served additional time in the 1990’s for molesting another child.  In 2000, the Orange County District Attorney’s office filed a petition against Reilly to have him civilly committed in a mental hospital as a Sexually Violent Predator (SVP) for these crimes.  He has been in Atascadero Mental Hospital for the past six years.  SVPs are admitted in two-year increments into mental facilities, and their cases are reviewed by a jury every two years to determine if the defendant is fit to be released into the community. 

In 2003, Reilly underwent surgical castration, a process he used as his defense to argue that he was no longer a sexual threat to children or the community.  His defense argued that the castration process removes testicles, the primary producer of testosterone, therefore eliminating a male’s sex drive and the risk of recidivism, or repeating a sexual crime.  OCDA presented evidence, however, that sexually violent crimes and child molestation are a mental problem, not a physical one, and surgical castration is not a sufficient solution to preventing future assaults.  Three evaluators agreed that Reilly’s risk of recidivism is not reduced due to his castration.

“Castration does not solve the problem for repeat child molesters,” said District Attorney Tony Rackauckas. “This crime is a mental crime, and the only way to deal with it effectively is to keep child molesters off the streets and in facilities where they can be monitored and treated.”

Deputy District Attorney Amy Pope prosecuted this case. 

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