Sex Crime Attorney in RI
The term sex crime encompasses a broad range of divergent crimes. More than any other type of crime, sex crimes invoke a strong emotional response. For most people these are extremely difficult crimes to comprehend and to successfully defend. The broad definition of sex crimes includes, but is not limited to, the following crimes: first degree sexual assault, second degree sexual assault, third degree sexual assault, first degree child molestation sexual assault, second degree child molestation
sexual assault, child pornography, duty to report sexual assault,
rape, bigamy, adultery, necrophilia, abominable and detestable crime against nature, pandering, prostitution, transportation for indecent purposes, loitering for indecent purposes, soliciting from a motor vehicle for indecent purposes, and disorderly conduct-indecent exposure.
The most common type of sex crimes are sexual assault, child molestation and child pornography. Due to the nature of these crimes, the punishment varies based on the type of assault or molestation, the number of counts and the type of contact. First degree sexual assault involves sexual penetration through force or coercion. Second degree sexual assault refers to sexual contact through force or coercion. Both types of sexual assault involve adult victims. If the victim is under the age of fourteen (14) the crime would be child molestation. The age of consent in Rhode Island is sixteen (16) years old. Third degree sexual assault refers to sexual penetration when the defendant is over the age of eighteen (18) and the victim is fourteen (14) or fifteen (15) years old.
First Degree Sexual Assault
- One count with no injury (imprisonment of ten (10) to fifteen (15) years);
- Multiple counts without or without injury (imprisonment of fifteen (15) to twenty-five (25) years);
- One count or multiple counts with aggravating circumstances (imprisonment exceeding twenty (20) years).
Second Degree Sexual Assault
- One count touching/groping over clothing (less than jail time);
- Multiple counts touching/groping over clothing in the same incident (less than jail time);
- Multiple counts touching/grouping over clothing (imprisonment of one (1) to three (3) years);
- One or multiple counts touching/groping under clothing (imprisonment of two (2) to five (5) years);
- One or multiple counts touching/groping under or over clothing with aggravating circumstances (imprisonment of five (5) to fifteen (15) years).
Third Degree Sexual Assault
- Imprisonment up to five (5) years.
First degree child molestation is sexual penetration of a child under the age of fourteen (14). Second degree child molestation is sexual contact of a child under the age of fourteen (14). The penalties vary based on the type of molestation, the relationship between the victim and the defendant, the injury suffered and the number of counts.
First Degree Child Molestation
- No relationship to victim, no injury and one count (imprisonment of ten (10) to fifteen (15) years;
- Close relationship to victim (family member), no injury and one count (imprisonment of fifteen (15) to twenty (20) years);
- Close relationship to victim (family member), moderate injury or multiple counts (imprisonment of twenty (20) to thirty (30) years);
- Physical injury, multiple counts or aggravating circumstances (imprisonment of twenty-five (25) years to life).
Second Degree Child Molestation
- No relationship to victim, over clothing and one count (less than jail to three (3) imprisonment);
- No relationship to victim, under clothing or more than one count (imprisonment of three (3) to eight (8) years);
- Close relationship to victim (family member), over clothing and one count (imprisonment of three (3) to eight (8) years);
- Close relationship to victim (family member), under clothing and one count (imprisonment of seven (7) to twelve (12) years.
Child pornography means any visual depiction, including any photograph, film, video, picture, or computer or computer-generated image or picture, which depicts a minor engaging in sexually explicit condition. The production, reproduction, distribution and possession of child pornography are all illegal activities but are punished differently.
Production, Reproduction or Distribution of Child Pornography
- Imprisonment of not more than fifteen (15) years;
- A fine of not more than $5,000.00 and/or;
- Both.
Possession of Child Pornography
- Imprisonment of not more than five (5) years;
- A fine of not more than $5,000.00 and/or;
- Both.
As a result of his knowledge in the area of sex crimes, Attorney Humphrey is a frequent lecturer at educational programs including the Rhode Island Bar Association and Salve Regina University. In 2005, Attorney Humphrey published an article entitled, "Surveying Sex Crimes Law in Rhode Island" in the Rhode Island Bar Journal. Currently, Attorney Humphrey is a member of the Rhode Island Sex Offender Board of Review.
Allow Attorney Humphrey's reputation, experience and skill to successfully guide you through the legal process when you have been charged with a sex crime.
Contact Attorney Humphrey and the Law Offices of Robert H. Humphrey about your legal matter today.