As reported by Tatiana Pina in the May 31, 2011 edition of the Providence Journal, a North Kingstown man has been arrested and charged with first and second degree sexual assault. The assault occurred on the South County Bike Path.
Pursuant to Rhode Island General Laws, 11-37-2, first degree sexual assault is defined as:
A person is guilty of first degree sexual assault if he or she engages in sexual penetration with another person, and if any of the following circumstances exist:
(1) The accused, not being the spouse, knows or has reason to know that the victim is mentally incapacitated, mentally disabled, or physically helpless.
(2) The accused uses force or coercion.
(3) The accused, through concealment or by the element of surprise, is able to overcome the victim.
(4) The accused engages in the medical treatment or examination of the victim for the purpose of sexual arousal, gratification, or stimulation.
Second degree sexual assault is defined as:
A person is guilty of a second degree sexual assault if he or she engages in sexual contact with another person and if any of the following circumstances exist:
(1) The accused knows or has reason to know that the victim is mentally incapacitated, mentally disabled or physically helpless.
(2) The accused uses force or coercion.
(3) The accused engages in the medical treatment or examination of the victim for the purpose of sexual arousal, gratification or stimulation.
The penalties for first degree sexual assault include imprisonment for a period not less than ten (10) years and may be imprisoned for life. The penalties for second degree sexual assault include imprisonment for not less than three (3) years and not more than fifteen (15) years.
If you or a family member have been charged with sexting,
child pornography,
first degree sexual assault,
second degree sexual assault or third degree sexual assault please allow
Attorney Robert H. Humphrey's reputation, experience and skill to successfully guide you through the legal process.
Contact Robert H. Humphrey, Esq., at 401-816-5862 or e-mail him at rhh@rhumphreylaw.com.