JACKSONVILLE, Fla. – A man arrested last March days after he was released from prison on a 2012 conviction for lewd and lascivious battery is headed back to prison after he was convicted of two counts of sexual assault from 2006.
Mikel McClusky, 49, was found guilty last week after a two-day trial. He will be sentenced next month. The state attorney's office has filed a petition under the Jimmy Ryce Act to have him declared a sexually violent predator, but that process is on hold until he is sentenced on the latest conviction.
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According to the arrest warrant, McClusky was driving in Arlington, picked up a woman and the two went to a vacant home, where they drank and smoked marijuana. The warrant states he forced himself on her and then dropped her off at a convenience store.
McClusky's arrest was one of many that resulted from the Florida Department of Law Enforcement processing the backlog of rape kits.
The News4Jax I-TEAM learned he has also a 1997 conviction in Nebraska for child molesting. He was also arrested in 1999 on a charge of lewd and lascivious battery on a victim between the ages of 12 and 15.
The state attorney’s office says McClusky “suffers from a mental abnormality and/or personality disorder which makes him likely to engage in acts of sexual violence if not confined in a secure facility for long-term care, control and treatment.”
The state Department of Law Enforcement began processing the rape kits when a backlog was discovered in 2016. As of January, the FDLE has completed 6,161 rape kits, of which 1,461 of the kits produced a positive DNA match. Its goal is to process 8,600 rape kits by the end of this year.
If a judge declares him a sexually violent offender, McClusky would be placed in civil confinement under the constant supervision of the Florida Department of Children and Families.