| For Immediate Release Case # M-9738
November 10, 2009 |
Susan Kang Schroeder Public Affairs Counsel Office: 714-347-8408 Cell: 714-292-2718 Farrah Emami
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RAPIST/CHILD MOLESTER TO BE RELEASED INTO COMMUNITY TODAY
*Picture of rapist/molester available
SANTA ANA – After presentation of aggravating evidence by the Orange County District Attorney’s Office (OCDA) in a 2-week trial, a judge dismissed the civil suit with opposition by the OCDA, to keep a rapist and child molester in a state mental hospital as a sexually violent predator (SVP). Frederick Davison, 40, will be released into the community today and plans to live with an ex-girlfriend and her boyfriend in Topanga Canyon when he is released this evening. He will be required to register as a sex offender within five days of release and be listed on the Megan’s Law website.
The OCDA believes Davison still poses a danger to the community based on the evidence presented to the court. Any future felony could be a third strike for Davison.
Facts of the original sexual assaults
In 1992, Davison forcibly raped a woman after meeting her on a sidewalk outside of a restaurant in Huntington Beach. He approached the 21-year-old student, asked if she wanted a cigarette, and offered her a ride in his new car. When he drove her to a vacant lot, the victim asked to be taken back to the restaurant. She struggled for 45 minutes while Davison tried to sexually assault her. He succeeded in forcing her to orally copulate him and raping the victim. The victim was able to get away to a nearby guard shack and reported the rape.
Eleven months after the rape, and while out on bail on the rape case, Davison sexually touched a 9-year-old neighbor girl’s buttocks and rubbed her bare back in Los Angeles County. When the 9-year-old left the room, Davison sexually assaulted her 12-year-old sister by taking her hand and rubbing it against his penis outside his clothing until he became erect. He then tried to unbutton the victim’s pants but the victim got away. The girls later told their mom who contacted police.
In 1993, an Orange County jury convicted Davison of one felony count of forcible rape. He was sentenced to 13 years in state prison. Davison pleaded guilty in Los Angeles County that year to one felony count of lewd acts upon a child. A Los Angeles judge sentenced him to eight years in state prison concurrent with the Orange County rape sentence. The law changed on Nov. 30, 1994, making rape crimes a one-strike case and any such crime committed after that date would expose him to a mandatory 25 to life. The court would be prohibited from running the child molest prison sentences concurrently. Davison also received 50 percent “good time” credit on these state prison sentences. If he were to commit these crimes today, he would be required to serve 85 percent of the sentence.
SVP law
Under the law, persons convicted of a sexually violent offense are subject to mental health reviews once they have completed their criminal sentence. The People file a petition to have the defendant civilly committed and a jury is presented evidence to decide if the defendant is a continued threat to the community.