The Orange County District Attorney's Office is so upset over the dismissal of a civil suit aimed at keeping a convicted rapist and child molester locked up that it is alerting the community about the 40-year-old's man's release from custody today.
The DA argued during a two-week trial that Frederick Davison should be kept in a state mental hospital as a sexually violent predator, but Orange County Superior Court Judge David Thompson, ruling there was insufficient evidence to send the case to a jury, dismissed it. The DA cannot file another petition, so Davison, who has indicated he will move in with his ex-girlfriend and her boyfriend in Topanga Canyon, will be freed this evening.
"The OCDA believes Davison still poses a danger to the community based on the evidence presented to the court," reads a statement released by district attorney Tony Rackauckas' media office.
Davison will be required to register as a sex offender within five days of release and be listed on the Megan's Law website, and any future felony could earn him a third strike.
He's certainly knows of causing mayhem. He forcibly raped a 21-year-old woman after meeting her on a sidewalk outside of a restaurant in Huntington Beach in 1992. She contacted the police. Eleven months later, while out on bail on the rape case, he sexually touched a 9-year-old neighbor girl's buttocks and rubbed her bare back in Los Angeles County. When the girl 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, then tried to unbutton the victim's pants but the victim got away. The girls' mother contacted police.
An Orange County jury convicted Davison of one felony count of forcible rape in 1993, and he was sentenced to 13 years in state prison. He got eight years, concurrent with the Orange County rape sentence, for the LA County assaults.
Under current laws, Davison would still be rotting behind bars for his original crimes, but the sentencing guidelines and "good time" credits from the time of his trials allowed for his pending release, according to the DA statement.
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Current law does allow the imposition of mental health reviews for sexually violent convicts who have completed their criminal sentences. That's what the DA did in 2000, arguing that Davison poses a continued threat to the community. Evaluators disagreed and Davison was freed, but numerous parole violations through 2002 landed him back behind bars.
When his release loomed again, evaluators this time determined Davison posed a danger to society and he was ordered to undergo treatment at Coalinga State Mental Hospital in 2005. The DA says the same evaulators changed their minds in 2008, contending that Davison did not have a current diagnosable mental disorder that would allow the state to keep him in a mental hospital. That led to the latest civil trial.
The DA's office maintains it presented the court detailed evidence from the prior cases, Davison's previous criminal history (which included a 1989 residential burglary) and his time out in the community, where, according to prosecutors, he displayed a preoccupation with sex, was violent towards ex-girlfriends, stalked an ex-girlfriend and lacked the ability to follow rules under parole supervision.
One evaluator testified that Davison had a mental disorder, but none would tell the judge it would predispose him to criminal sexual acts that would make him a menace to others, according to the DA statement, which goes on to say the same evaluaor did say Davison's scores on actuarial instruments that measure sexual recidivism matched those of people likely to reoffend.