Newport Sexual Assault Sentence

As reported in the April 30, 2012 edition of the Providence Journal, a Navy midshipman is to be sentenced in a sexual assault case. The man was cleared for the charge of sexual assault but was found guilty of the charge of wrongful sexual contact with another classmate at the Naval Academy in Newport. He is to be sentenced later this week.

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.

The penalties if convicted include imprisonment for a period not less than ten (10) years and may be imprisoned for life. If released from prison, sex offender counseling, lifetime sex offender registration and GPS monitoring are additional penalties imposed.

Pursuant to R.I.G.L. 11-37-4, second degree sexual assault is defined as if a person 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 if convicted include imprisonment for not less than three (3) years and not more than fifteen (15) years. Upon release, sex offender counseling and lifetime sex offender registration is also required.

If you or a family member has been charged with sexual assault, possession of child pornography or other sex crimes, please allow Attorney Robert H. Humphrey's reputation, experience and skill to successfully guide you through the legal process. Please contact Attorney Robert H. Humphrey, Esq., at 401-816-5862 or e-mail him at rhh@rhumphreylaw.com.

Categories: Sex Crimes