'John Doe' Fails in Legal Bid to Remain Off Virginia Web Site
By Theresa Vargas
Washington Post Staff Writer
Friday, September 22, 2006
A local aquatics director's fight to keep his name and incest conviction hidden from public scrutiny ended yesterday with him added to Virginia's sex-offender registry.
The man, who was convicted of having a sexual relationship with his sister about 12 years ago, filed suit against the state and Prince William County using the name "John Doe." Last week, a Prince William judge ordered him to register or face arrest.
He was one of the first "nonviolent" sex offenders to file suit after the state's online registry expanded to include all offenders -- not just those convicted of violent acts. Officials said yesterday they hoped the outcome of his case would deter others who might have been planning to challenge the new law.
"Nobody is above the law," Prince William Commonwealth's Attorney Paul B. Ebert said. "I think this will send a message to a lot of people who might think like he thought. The law does not have any exemptions."
The new regulations require that all offenders' names, photos and professions be posted on the Internet. The litigant's information was added yesterday, according to law enforcement sources.
To protect his victim's identity, The Washington Post is not naming the man. Details about him on the registry include that he is 31 years old and lives in Dale City.
The man, through his attorney, Melinda VanLowe, declined to comment yesterday. VanLowe said only that she and her client are weighing their options and have not yet decided whether to appeal.
Jill Brown, vice president of the firm where the man worked, said yesterday that he was the aquatics director at the Woodbridge Sport and Health Club but that he is no longer employed there.
She would not say when his last day was or whether he was terminated because of the registry or left the job voluntarily. As aquatics director, his duties included overseeing swimming lessons, the pool and lifeguards. Brown said he could have worked with anyone, from young children to adults.
He also coached the Dale City swim team, working with swimmers ages 5 to 18.
One parent whose child took classes with him said she never saw any inappropriate contact between him and the children but that she worries more about how the children will fare after learning of this side of a man they knew only in a positive, role-model capacity.
"If they happen to wear their swim team shirt to elementary school, are a bunch of kids going to start taunting them with things they don't even understand?" the parent said, asking not to be named to protect her child. "We need to think of that aspect of our children's lives."
"As a parent," she added, "I am glad the registry exists."
After the man's case made headlines, prosecutors received calls from parents concerned that "John Doe" might be coaching their children, Assistant Commonwealth's Attorney Sandra R. Sylvester said.
The whole rationale for the registry, she said, is to give the parents access to this information.
"Is it going to prevent someone from abusing a child? Probably not. But is it going to allow a parent to make a decision as to who is around their child? That is the purpose," she said. "We don't have a crystal ball. I can't tell you who is going to be at risk and who is not going to be a risk."
Offenders who are not classified as violent cannot be dismissed as any less of a threat, she added, because they use many of the same techniques: manipulation, enticement and deception.
"In some ways, they can be just as dangerous," Sylvester said.
The man pleaded guilty to incest, a misdemeanor, in February 1994. According to an arrest warrant at the time, his sister told police that for seven years she and her brother had engaged in a variety of sexual acts, including intercourse. The relationship started when she was in second grade and continued until she was 14 years old, according to the warrant. Her brother is four years older.
In April 1994, a judge sentenced him to 90 days in jail, with all of it suspended if he stayed out of trouble and got counseling. In March 1995, he fulfilled his obligations and was released from probation.
Although those convicted of incest were already required to register, it wasn't until this July that legislation was passed to make that information public online.
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