IN RE THE DETENTION OF JAMES DAKE, JAMES DAKE, Respondent-Appellant.
from the Iowa District Court for Appanoose County, Shawn R.
Dake appeals the district court order adjudicating him a
sexually violent predator and civilly committing him to the
custody of the department of human services.
J. Gaul of State Public Defender's Office, Des Moines,
J. Miller, Attorney General, and Tyler J. Buller, Assistant
Attorney General, for appellee State.
Considered by Potterfield, P.J., and May and Greer, JJ.
Dake appeals his commitment as a sexually violent predator
under Iowa Code Chapter 229A (2017). He argues the district
court erred by concluding beyond a reasonable doubt that he
had a mental abnormality that made him more likely than not
to engage in predatory acts of sexual violence. On our
review, we affirm.
Background Facts and Proceedings.
argues the State failed to present sufficient evidence that
he posed a present danger to commit sexually violent offenses
if not confined in a secure facility. Because the case
involves competing experts analyzing Dake's history and
diagnosis, we review that evidence. In 1981, when Dake was
fifteen years old, he was adjudicated delinquent on one count
of sexual abuse in the second degree after he fondled his
four- or five-year-old female cousin. The court sentenced him
deviant behavior continued after that first sexual crime. In
1994, Dake, then twenty-seven, pleaded guilty to two counts
of sexual abuse in the second degree after admitting to
having sexual contact with a five-year-old girl and a
ten-year-old girl. The sentencing court sentenced him to
fifty years in prison.
of the nature of his crimes, while in prison, Dake
participated in, but never completed, sex offender counseling
in 1996 or 1997 and the sex offender treatment program (SOTP)
in 2015. His participation in SOTP only lasted for three
months until his removal when he "hit a guy in the
mouth." Given a second chance to participate in SOTP in
2016, he refused because he "didn't want to be put
through that kind of anguish." According to Dake, his
prison record shows discipline for two incidents of
assaultive or aggressive behavior.
January 2018 discharge of Dake's prison sentence on the
horizon, in December 2017, the State petitioned to have him
adjudicated a sexually violent predator and civilly committed
under Iowa Code chapter 229A. Dake remained in custody
pending trial on the State's petition.
a bench trial, the district court heard testimony from Dake
and two competing experts who interviewed him: Dr. William
Schmitt for the State and Dr. Luis Rosell for Dake. Both
experts diagnosed Dake with antisocial personality disorder.
Together with that disorder, Dr. Schmitt also diagnosed Dake
with pedophilic disorder. Conceding that Dake exhibited some
criteria of pedophilic disorder, Dr. Rosell declined to give
Dake a full diagnosis because he could not definitively
conclude that Dake's behaviors had existed for the
requisite amount of time.
experts disagreed about whether Dake's antisocial
personality disorder constituted a mental abnormality that
made him more likely than not to engage in predatory acts of
sexual violence. Dr. Schmitt concluded, "[I]t is my
professional opinion, to a reasonable degree of psychological
certainty, that Mr. Dake's lifetime sexually violent
recidivism risk exceeds 'more likely than not.'"
Dr. Rosell ...