People v. Allman

Allman (plaintiff) had been a fixated female pedophile since he was 10 years old. Allman had multiple convictions for lewd acts with children and went through several rounds of incarceration and institutionalization for treatment of his pedophilia, all followed by probationary periods. During his most recent round of probation, Allman committed multiple sexually violent offenses against girls aged five to 15. Allman pleaded guilty on multiple charges and was committed to Atascadero State Hospital as a sexually violent predator (SVP). While at Atascadero, Allman routinely took anti-androgens, which are testosterone-reducing drugs designed to repress sexual urges. However, Allman refused to participate in cognitive behavioral therapy for his pedophilia. Before serving his full term of incarceration, Allman petitioned for conditional release. Doctors at Atascadero testified that Allman would likely reoffend if conditionally released because he refused to participate in treatment for his pedophilia, refused to acknowledge his pedophilic acts were wrong, and could easily obtain testosterone supplements to counteract the effects of the anti-androgens. The trial court refused Allman’s petition for conditional release, holding that Allman had failed to prove that he would not be a danger to the community if released. Allman appealed, arguing that the anti-androgens made it unlikely he would reoffend.