VA Judge Bends the Knee to County Board Member and Removes Underage Sex Offender From Registry

M. J. Van Dyke /

Rural Loudoun County, Virginia has been making the news off and on for the last few months for all the wrong reasons. Back on May 28th, 2021, a boy wearing a skirt walked into a school bathroom and sexually assaulted a 9th-grade girl. After investigation, he was charged with two counts of forcible sodomy – one count of anal sodomy and one count of forcible fellatio.

There was another incident at Broad Run High School on October 6, and another alleged assault victim, but was never charged there. That brought the list of potential victims up to three. Until he reaches 18 years of age, he will be locked up in a juvenile treatment center. Along with being locked up, he was initially ordered to be placed on the sex offender’s registry and sent to jail, but that was, ultimately, turned into juvenile treatment because the prosecuting attorney felt that the boy could still be saved. Even so, the prosecutor argued that he should be on the registry until 30.

When someone suffers an assault like this, there is no savior for the assailant. There is no repair or magic change of heart. This guy knew what he was doing was wrong. At 15 years old, you know this very clearly. Yet, he still chose to take advantage of the lack of a transgender policy in the school and get what he wanted from this young lady.

Lawyers defending the boy were surprisingly Republican and want to take the stance that society did nothing to help the boy and that he could still be saved. Unfortunately, there is no salvation for a kid who decided to dress as a woman and use unrestricted access to the girl’s bathroom to force himself upon a young lady. She, very obviously, had rejected his advances and he used his strength as a male to overpower her. This is not something that anyone familiar with biology should be surprised with, either.

The father of one victim, Scott Smith, has been a vocal advocate for his daughter. When news initially broke of the case, he found himself being taken down at a school board meeting by police for speaking back against a trans-rights activist who believed his daughter had not truly been assaulted. Since then, Smith has been on the offensive to push for justice for his daughter as well as the other two young women.

“The person who committed these horrible crimes against these three young women will not have to bear the shame at being known as a lifetime registered sex offender, as he was originally sentenced. Rather, we are now concerned more than ever that this change in his legal status may put other parents’ daughters at risk of harm in the future.” Just reading these words should be sickening to every person. There was no misunderstanding or drunken mistake here. While both of those are still not acceptable excuses, they are commonly offered in court.

The closing remarks offered in the trial were some of the most shocking. Given by Caleb Kershner, who sits on the Loudoun County Board of Supervisors “We are setting him up for failure. We’ve never concentrated on [the boy] — we’re not even giving this young man a chance.” What Kershner fails to understand is that the boy gave up his desire to succeed.

We as a society cannot concentrate on every ‘troubled’ kid who exists. We need to concentrate the focus on those who want the help or who show signs early. To concentrate on people like this kid is to take away from the resources that someone with some hope could make good use of. This judge just set women’s rights and the fight against trans bathrooms back 20 years.