In re Detention of New
Annotate this CaseThe state sought to commit New to the Department of Human Services as a sexually violent person under 725 ILCS 207/1, based convictions for aggravated criminal sexual assault against a 12-year-old boy and a 14-year-old boy. The petition alleged that New was diagnosed with “paraphilia not otherwise specified, [paraphilia NOS], sexually attracted to adolescent males,” that his condition affected his emotional or volitional capacity which predisposed him to commit acts of sexual violence, and that there was a substantial probability that he would engage in future sexual violence. New moved to bar the expert testimony regarding the diagnosis, arguing that the experts’ opinions failed to meet the Frye standards for admissibility of novel scientific evidence. The trial court allowed the testimony. On cross-examination, the expert acknowledged controversy about how the paraphilia NOS diagnosis should be applied and over whether there should be a category in the DSM for individuals with a sexual arousal to early pubescent males, aged 11 to 14. The Illinois Supreme Court affirmed the appellate court in holding that the diagnosis of hebephilia is subject to Frye and that there was an inadequate basis to determine whether it has gained general acceptance.
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