Md. Convict is Accused of Raping Va. Toddler
Case prompts discussion about whether to inform states about sex offenders
By Allison Klein, Sun Staff
Originally published in The Baltimore Sun, June 26, 2002
A convicted Baltimore rapist who left the state without permission from his probation officer has been charged in Virginia with raping a 22-month-old girl, prompting Maryland officials to consider when they should tell other states about sex offenders who cross state borders.
Robert Douglas Alonzo Kirby, 20, had been on Maryland's newly created online sex offender registry when he was accused of raping the toddler last week in Frederick County, Va. But state officials here did not alert Virginia authorities—who also have a sex offender registry—that Kirby was known to be living in Virginia.
Maryland officials say they did nothing legally wrong by not alerting Virginia authorities because no law requires one state to tell another of a visiting sex offender. Kirby was convicted in Baltimore Circuit Court in 2000 on second-degree rape charges for impregnating a 12-year-old.
"Obviously, this is a disgusting case and something we're very concerned about," said Leonard A. Sipes Jr., a spokesman for the state Department of Public Safety and Correctional Services. "It is being considered at highest levels of this department whether Virginia authorities should have been notified."
Maryland's probation officials learned April 16 that Kirby left the state without permission when Kirby's grandmother told officials that he went to Virginia to see his pregnant girlfriend, court records show.
On May 13, Baltimore Circuit Judge Clifton J. Gordy signed a summons ordering Kirby to come to court in July for his probation violation. Gordy could have ordered an arrest warrant instead of a summons, which would have compelled Maryland authorities to notify Virginia officials.
Sipes said Maryland is considering what obligations it has to other states regarding registered sex offenders.
"We are looking into what we owe other states and what is owed to the state of Maryland. Maybe what we need is a formal agreement," Sipes said. "No protocol exists currently with sex registries."
If Maryland officials had decided to notify Virginia police that Kirby was in Frederick County, Kirby's name likely would have been posted on Virginia's online sex offender registry. The databases are used to alert residents where sex offenders are living.
Maryland's registry, which was put online in April, lists Kirby's address as the 100 block of S. Wolfe St. Kirby was convicted July 21, 2000, for statutory rape and given a six-year sentence, though all but 30 days were suspended. He also received three years' probation and was told not to have contact with the 12-year-old he impregnated.
He was following the rules of his probation until he went to Virginia, Sipes said.
He was reportedly living for the past few months in Stephens City, Va., with the mother and grandmother of the toddler he is accused of assaulting. Kirby was baby-sitting June 18 when the alleged offense occurred.
Details of the incident were not immediately available. The child at some point was taken to a doctor, who determined that she had been sexually abused. Kirby was arrested that night.
Mary Kirby, who had lived with her grandson, declined to comment about him yesterday.
