Fairfax County Commonwealth’s Attorney Steve Descano allegedly declined to prosecute a registered sex offender because the man’s transgender identity and a county policy shielded him from any wrongdoing.
Richard Cox was arrested in December of 2024 in Arlington County after several parents claimed a man had exposed himself to young girls in the Arlington Aquatic Center women’s locker room, which shares facilities with Washington Liberty-High School. The man, who claims to be a transgender woman, was also allegedly caught exposing himself in several other locations throughout Arlington and Fairfax counties over the course of several months but was not charged by Descano due to the county’s policy allowing facility use based on gender identity, according to police records obtained by ABC 7 News.
Due to this policy, Descano found no crime was committed by Cox, despite having allegedly exposed himself to several women and children, ABC 7 News reported.
Descano also reportedly declined to prosecute Cox months earlier in June of 2024 after Cox exposed himself in the women’s locker room of a Fairfax County Planet Fitness, despite Descano knowing the man is a registered sex offender, according to the outlet.
Fairfax County Chair Jeff McKay on Tuesday avoided a reporter’s questions on whether the county will change the policy that protected the offender.
Cox is a tier three registered sex offender who was first charged with indecent liberties in Arlington in 1992, court records show.
Arlington Public Schools (APS) in January doubled down on their policy allowing men into women’s bathrooms and locker rooms if they claim a transgender identity after Cox’s December arrest, instead affirming the district’s commitment to “inclusive” facilities. Several Virginia residents spoke out at an Arlington school board meeting in early February, asking the district to overlook the sex offender incident and maintain the policy that protected the sex offender.
APS told ABC 7 News they will now verify that visitors to their schools are not on the sex offender registry, and Cox is also no longer allowed in any Fairfax County recreation centers.
Descano’s office did not immediately respond to the Daily Caller News Foundation’s request for comment.
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