As reported by Katie Mulvaney in the January 12, 2012 edition of the Providence Journal, the Attorney General's Office has dismissed three (3) sexual assault charges against a state representative. He was charged with
first degree sexual assault, second degree sexual assault and assault with intent to commit sexual assault. The dismissal followed the recent death of the alleged victim in the case.
Sexual assault cases such as these, where the defendant alleged that all sexual contact was consensual, are often difficult to prove without the testimony of the alleged victim.
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.
Pursuant to R.I.G.L. 11-37-4, second degree sexual assault is defined as 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 a period of not less than three (3) years and not more than fifteen (15) years.
If your or a family member have been charged with possession of child pornography,
first degree sexual assault or
other sex crimes, 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.