A 15-year-old teenager known as ‘the boy in the skirt’ will not have to register as a sex offender after he was convicted of two sexual assaults at separate high schools in Loudoun County, Virginia.
The unidentified male student previously pled ‘no contest’ after he was found guilty on two counts of sodomy for an assault in May at Stone Bridge High School and another in October at Broad Run High School.
He was placed on probation by Judge Pamela Brooks on January 12 and has since remained in custody at the juvenile rehabilitation center.
The boy was initially meant to be placed on the adult sex offender registry before his attorney intervened claiming that prosecution did not submit a motion requesting it.
Following the hearing, Brooks agreed to drop the registration request on the grounds that her ruling could change depending on if any major developments happen prior to the boy’s release.
Judge Pamela Brooks ruled that the ‘boy in the skirt’ will not be placed on the sex offender registry after he was previously found guilty of sexually assaulting two girls in separate incidents at high schools in Loudoun County, Virginia
The two sexual incidents caused outrage in the community and controversy over transgender bathroom policies
The boy had sexually assaulted the first victim in a bathroom at Stone Bridge High School (left) on May 28 before being transferred to Broad High School (right) following the incident where he inappropriately touched another girl in a classroom on October 6
Over the course of the ruling, Loudoun County Commonwealth Attorney Buta Biberaj had argued that putting the boy on the sex offender registry list ‘would keep him safe — he’d know where he can go and cannot go, and also keep the community safe.’
She also argued that despite the boy’s age she could now rest the decision based on mental ‘immaturity.’
In response, the defense argued that the prosecution did not file a motion for the boy to be placed on the registry list prior to the former ruling.
Brooks agreed but offered the prosecution to file their own written motion to continue arguing for the sex offender registration.
The boy’s lawyers and probation officer opposed the registration as they believed he was still considered to be too young.
Jason Bickmore, the probation officer, said that registering the boy would only provide a higher risk of him committing similar offenses down the line as evidence with past cases.
However, Biberaj said she understood that putting the boy’s name on the registration list could affect his future and would only require him to be placed on it until he turned 30.
Loudoun County Commonwealth Attorney Buta Biraj argued that putting the boy on the sex offender registry would keep himself and the community safe
The boy previously plead ‘no contest’ after he was found guilty on two counts of sodomy for the sexual assaults
One of the boy’s lawyers Caleb Kershner said that his client had already received significant media attention.
He also questioned the county’s method of handling the case as the boy had been transferred from Stone Bridge to Broad Run after information about the first incident got out.
It was later revealed the decision to transfer the boy was based on a decision by the school system’s Title IX officer following an investigation.
Prosecution argued that he was transferred due to the evidence still being processed for the first assault.
Kershner ended his argument saying that his client was remorseful over the situation and shaken over the media attention the case received over the course of the past few months.
‘We are setting him up for failure,’ he said. ‘We’ve never concentrated on (the boy) — we’re not even giving this young man a chance.’
Brooks then made her decision and said that the court had made a previous error with the ruling therefore declining the motion to have the boy register on the sex offender list.
The decision was later met with scrutiny from the father of the Stone Bridge victim Scott Smith as he reportedly swore at the boy’s parents and the attorneys.
The father of the Stone Bridge victim Scott Smith was detained by police after he was involved in a fight over transgender bathroom policies at a Loudoun County Board Meeting
The first victim’s parents Scott and Jeff Smith (pictured together)
Smith had previously criticized the district for their handling of his daughter’s sexual assault case and have even threatened to file a lawsuit.
On behalf of the family, Smith released a statement to DailyMail.com in response to the ruling.
‘My wife and I are not just heartbroken about today’s ruling, we are quite frankly mad at how the justice system and the Loudoun Commonwealth’s attorney have let down both our daughter, as well as the other victims of his predatory actions,’ Smith stated.
‘The person who committed these horrible crimes against these young women will now, due to the errors of the county prosecutor, not have to bear the permanent shame at being known as a lifetime registered sex offender, as he had been originally sentenced.
‘We are now concerned, more than ever, that this change in his legal status may put other parents’ daughters at risk of physical harm in the future.
‘Despite today’s ruling, we continue to be committed to making sure that justice prevails in our daughter’s case, both now and in the future.’
The case had sparked national attention after he publicly lashed out following the rape of his daughter.
Smith was even dragged out of a school board meeting after he lashed out at the board for their ‘woke’ transgender bathroom policies.
After attacking Smith’s daughter, the boy was transferred to another school where, in October, he dragged another girl into an empty classroom and touched her breasts.
On October 25, the teen was found guilty for the May 28 sexual assault at Stone Bridge High School. The judge ‘substantiated’ charges of forcible sodomy and forcible fellatio, the juvenile equivalent of a conviction.
He was sent back to juvenile detention, pending a hearing November 15 on the second case which occurred at Broad Run High School.
In October, the mother of the convicted boy revealed her son doesn’t identify as a female, and that his skirt was a disguise to slip into the girl’s bathroom.
Speaking exclusively with DailyMail.com, the mom, who asked not to be identified for the sake of her underage son, defended his actions as that of a heterosexual, hormonal teen who, in the case of the rape, had consensual sex with the girl twice before.
‘He’s a 15-year-old boy that wanted to have sex in the bathroom, with somebody that was willing,’ she declared, sitting in an empty kitchen in her townhouse in Loudoun County, Virginia.
‘And they’re twisting this just enough to make it a political hot button issue.’
The case became the searing tip of a raging debate in Loudoun County over transgender students’ rights and parents’ freedom of speech
Outraged parents are pictured at the meeting where the victim’s father was dragged out and arrested. His mother said his actions were that of a heterosexual, hormonal teen, who had consensual sex with the girl twice before
The school board has been routinely accused of pushing an ultra-liberal agenda on kids and parents and silencing those who disagree with them.
The scandal even entered Virginia’s race for governor, giving life to the campaign of Republican gubernatorial candidate Glenn Youngkin who accused the Loudon school board of a coverup while warning, ‘What tragedy next awaits our children?’
Despite his androgynous style and declaration that he’s ‘pansexual,’ the boy’s mother insisted he isn’t the gender fluid boogeyman in a culture war about transgender policies.
‘He would wear a skirt one day and then the next day, he would wear jeans and a t-shirt, a Polo or hoodie,’ she explained.
‘He was trying to find himself and that involved all kinds of styles. I believe he was doing it because it gave him attention he desperately needed and sought.’
At the same time, she concedes her son is deeply troubled, acknowledging his extensive history of misbehavior that included sending nude photos of himself to a girl in fifth grade.
She reached her own breaking point with the him in early October when he phoned her from the juvenile detention center following his second arrest.
‘He asked me how I was doing, and I said, ”I’m broken, I’m shattered, you shattered me,” the mom recalled. ”Do you have any idea what you’ve done to me, what you’ve done to your family?
‘And his response was, ”No, what did I do?” she said.
A walkout was staged at the Loudoun County High School to protest sexual assault
She had been his primary point of contact, with his dad living in New Jersey.
‘At that point, I was like, ‘You know what? I love you, I always will, I will do everything I can to always be there for you in any capacity possible,’ she said.
‘But I told him – ‘You need to call your father for now on. Do not call me. I need to heal, and I need you to figure this out for yourself.’
She said the politics surrounding the case has gotten out of hand.
‘What are they trying to do?’ she asked. ‘Did they hire an investigator to dig up everything and ruin him for the rest of his life?’
The mother made no secret of the fact her son had been repeatedly suspended for misbehavior, including fist fights with classmates.
‘He’s been a challenging child his whole life, which I’ve dealt with myself,’ the mother said.
‘My son’s gone through multiple forms of counseling and therapy, resources here, at school, friends, family. It’s been 15 years of hell trying to get him to do better and be better.’
From rape to sentencing: Timeline of teen boy in skirt
May 28: Teen, 15, wearing a skirt allegedly rapes female classmate in girl’s bathroom. She reports it to the principal. Superintendent Scott Ziegler sends an email to colleagues confirming that it had been reported
June 22: Scott Smith, the father of the rape victim, was dragged out of a school board meeting with a bloodied mouth and arrested after listening to school officials say no one had been sexually assaulted in the bathroom after his daughter had reported the rape
July 6: Detectives call the boy’s mother to report his imminent arrest. She drives him down to the station herself and he spends the next couple weeks at the juvenile detention center in nearby Leesburg
October 6: The 15-year-old changes schools and allegedly drags another a girl into a classroom and inappropriately touches her. Police are called and he is arrested the same day
October 25: Teen is found guilty for the May 28 sexual assault at Stone Bridge High School. The judge ‘substantiated’ charges of forcible sodomy and forcible fellatio, the juvenile equivalent of a conviction
October 26: Students stage a walkout of their classrooms in a show of ‘solidarity’ for the victim. Some stood in front of their school, chanting: ‘Loudoun County Protects Rapists!’
November 15: Skirt-wearing teen pleads no content to sexual assault of a fellow student
January 13 : Boy is sentenced for both cases