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Neutral Court Opinion May 19, 2026

Doe, Sex Offender Registry Board No. 97000 v. Sex Offender Registry Board

── Doe, Sex Offender Registry Board No. 97000 v. Sex Offender Registry Board ── Court: Massachusetts Appeals Court Date: May 15, 2026 Category: General NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557- 1030; [email protected] 23-P-1024 Appeals Court JOHN DOE, SEX OFFENDER REGISTRY BOARD NO. 97000 vs. SEX OFFENDER REGISTRY BOARD. No. 23-P-1024. Worcester. January 13, 2025. – May 15, 2026. Present: Rubin, Henry, & Walsh, JJ. Sex Offender. Sex Offender Registration and Community Notification Act. Evidence, Expert opinion, Sex offender. Witness, Expert. Administrative Law, Hearing, Judicial review, Regulations, Substantial evidence. Civil action commenced in the Superior Court Department on July 28, 2022. The case was heard by Valerie A. Yarashus, J. Colin Caffrey for the plaintiff. Jessica M. Blackman for the defendant. HENRY, J. The plaintiff, John Doe, appeals from a Superior Court judgment affirming his reclassification by the Sex Offender Registry Board (SORB) as a level two sex offender. On appeal, Doe argues that the hearing examiner (examiner), who reduced his classification from a level three to a level two sex offender, (1) abused her discretion in denying expert witness 2 funds where Doe was an emerging adult at the time he committed the sex offenses of which he was convicted, (2) abused her discretion in applying SORB's factor 2 (repetitive and compulsive behavior), see 803 Code Mass. Regs. § 1.33(2) (2016),1 and (3) erred in classifying him as a level two sex offender. We affirm. Background. 1. The offenses. In 1997, when Doe was thirteen years old, he sexually assaulted a nine year old boy (victim one). The incident involved Doe repeatedly pulling the boy's pants down and touching his penis. Victim one's family reported Doe to the police, and Doe was interviewed by an officer. After victim one's parents and Doe's parents agreed that Doe would engage in counseling, no criminal charges were filed. About four years later, from July 2001 through January 2003, when Doe was almost eighteen,2 and continuing until after he turned nineteen years old, he sexually assaulted five additional child victims (victims two through six), all known to 1 We refer to SORB's classification factors by number, or name and number, it being understood that each of them appears in the corresponding subpart of 803 Code Mass. Regs. § 1.33 (2016). SORB's regulations were updated in 2025, but the 2016 version of the regulations were in effect at the time of the examiner's decision in this case and therefore govern our analysis. 2 Doe turned eighteen on August 30, 2001. 3 him. The victims included four boys, aged twelve to fourteen, and one fifteen year old girl. Doe had a business where he employed one of the victims and invited others to visit and use the business's Internet service. Doe was trusted by the victims as a babysitter and friend, and by victim four as a boyfriend. Doe, however, used his business and access to the victims' homes to commit sexual offenses. Doe's sexual offenses against the victims included taking pictures of victim two while he was using the bathroom, placing his mouth on the genitals of victims two and five, penetrating victim four with his penis, offering to buy things or pay the victims if they engaged in a variety of sexual acts, groping the victims, asking the male victims to show their penises to him, and showin
CourtListener · May 15, 2026
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