LOUDOUN COUNTY, Va. — A Loudoun County teen who sexually assaulted two female classmates will no longer have to register as a sex offender, according to Loudoun County prosecutors.
The unidentified 15-year-old boy pled 'no contest' after he was accused of assaulting a classmate in the girls' bathroom at Stone Bridge High School and later assaulting a second classmate at Broad Run High School.
A judge found the boy guilty in October and sentenced him to supervised probation until his 18th birthday at a residential placement. The boy was also originally required to register as a sex offender.
According to Loudoun Commonwealth Attorney Buta Biberaj, the teen will no longer be required to register as a sex offender after the boy's attorney filed a motion citing the Commonwealth did not submit a written motion requesting it. The teen's attorney also said the requirement was unusual for someone his client's age.
At a Monday hearing, the defense provided testimony from medical and psychology experts who claim juveniles who receive treatment have a low rate of repeat offenses. The defense also claimed having someone register as a sex offender for life is merely a punishment and does not provide any treatment.
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Prosecutors argued that the juvenile could instead be placed on the tier 1 registration for abduction instead of tier 3 for sexual assault. The change would only have him registered until his 30th birthday. However, the defense said the success rates of juveniles on the sex offender registry is lower and the requirement would get in the way of the boy having a successful life.
Ultimately, the judge agreed with the defense and the registration requirement was dropped. The judge also added that should anything change before the boy's 18th birthday the judge may change the ruling.
The father of one of the victims, who WUSA9 is not naming in order to protect the victim's identity, said the judge’s decision places the community at risk.
"This was a safety measure for everyone, in all states,” he said. “Not Virginia, not Leesburg, wherever he may go."
However, the victim's father said he was not surprised at what ultimately happened.
"I wasn't really surprised because the prosecution really didn't build this case solid from the beginning,” he said.
He added everyone involved in the case needs to be held accountable. He also called on the Commonwealth’s Attorney to leave her post.
"What happened today was horrific,” he said. “Hopefully he doesn't offend again, if he does, it's not on me, it's on them. I fought to the bitter end for this."
Biberaj’s office has yet to respond to a request for comment to Smith.
William Mann, the attorney for the boy did release a statement, however, regarding the judge’s decision.
“We appreciate the judge's time and attention to this very serious matter. She correctly followed the law and reconsidered part of her prior ruling by removing the requirement of the sex offender registry. We hope that the privacy of these families is respected during this difficult time.”
The Loudoun County Commonwealth's Attorney said two girls at two different Loudoun schools were allegedly sexually assaulted by the same boy in a six-month period.