SERIAL RAPIST ORDERED TO BE CIVILLY COMMITTED POTENTIALLY FOR LIFE AFTER JURY Unanimously FOUND HIM CONTINUED THREAT TO SOCIETY

SERIAL RAPIST ORDERED TO BE CIVILLY COMMITTED POTENTIALLY FOR LIFE AFTER JURY Unanimously FOUND HIM CONTINUED THREAT TO SOCIETY
*The Sexually Violent Predator must prove he is no longer poses a danger to be able to leave the State mental hospital

SANTA ANA – A judge ordered a serial rapist to be civilly committed in a mental hospital potentially for life after a jury unanimously found him to be a Sexual Violent Predator (SVP) who poses a continued threat to society. On Monday, July 11, 2011, a jury unanimously reached a verdict after a 1-month civil commitment trial and found that Dougal Samuels, 55, is a continued threat to women and the community. Samuels was convicted in 1989 by a jury of raping two women and sexually assaulting another two after meeting and approaching the victims at a bar or club in Orange County. He was convicted on (#C-67382) Jan. 17, 1989, of three felony counts of forcible rape, one felony count each of false imprisonment, assault to commit rape, and forced oral copulation, and one misdemeanor count of assault.  Samuels was sentenced March 17, 1989, to 18 years in state prison and has been in the custody of the Department of Mental Health (DMH) since 1996. During the civil commitment trial, Samuels also admitted to raping several women in Illinois in the early 1980s and attempting to rape another Orange County woman in 1987.

SVP Law

Under the law, certain 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. There are three criteria that must be met in order to designate a person as a SVP. First, the defendant must have committed a sexually violent offense, as defined by the law. Second, he/she must be diagnosed with a mental disorder. Finally, it must be found that he/she is likely to re-offend unless he/she is held in custody and treated. If these three conditions are met and the petition is found true beyond a reasonable doubt by a unanimous jury, the defendant is committed indefinitely to a mental health facility.

In 2006, Proposition 83, known as Jessica’s Law, changed California law to further protect sexual assault victims and the community from dangerous SVPs.  Under Jessica’s law, Samuels now faces a potential life commitment in a state hospital. In order to be released back into the community, he will have to prevail at a future hearing, at which he has the burden of proving to a judge that he is no longer dangerous or poses a threat to society. In order for Samuels to leave the State mental health facility:  (1) The State Director of Mental Health must determine that Samuels has rehabilitated thus he no longer poses a danger to the public if released and send a recommendation to the court recommending his release; or (2)  Samuels may file his own petition for release. If he files his petition for release without the concurrence of the State Director of Mental Health, a judge may summarily deny the petition without a hearing if the court finds the petition for release does not sufficiently show a reasonable probability that conditions have changed such that Samuels would no longer be a danger to the public. No hearing can be held until Samuels has been committed for a full year.

Facts of Sexual Assault Case #C-67382

In the late evening on July 23, 1987, Samuels met and approached then-24-year-old Jane Doe #1 while at a beachside pub. Over the course of the night, Samuels purchased alcoholic beverages for the victim which she consumed. Just before closing, Samuels and the victim went to the beach and he jumped on top of her. Jane Doe #1 struggled to get away but Samuels slapped and choked her. Samuels raped and forcibly orally copulated the victim before she was able to flee towards her parked car in the nearby pub’s parking lot. Before she could get into her vehicle, Samuels threw her to the ground and raped Jane Doe.