As reported by Amanda Milkovits in the December 3, 2013 edition of the Providence Journal, a former Pawtucket police officer has been arrested and charged with first degree sexual assault, felony assault to commit sexual assault, disorderly conduct and simple assault. All these crimes are charged as domestic violence crimes because the alleged victim is the man's girlfriend. The man was previously accused of domestic violence by a different girlfriend. In that case, he was charged with disorderly conduct and simple assault. The man is currently being held without bail.
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 of not less than ten (10) years and may be imprisoned for life. Additional penalties include sex offender counseling and sex offender registration. The man is also charged under R.I.G.L. 11-5-1, which states every person who shall make an assault with intent to commit murder, robbery, sexual assault, burglary, or the abominable and detestable crime against nature, shall be imprisoned not exceeding twenty (20) years nor less than one year. He is accused of assaulting the woman, by strangling her and holding her down, in order to commit the alleged sexual assault.
The misdemeanor charges of simple assault and disorderly conduct are punishable by not more than one (1) year imprisonment and/or a fine of $1,000.00. All charges are charged as domestic violence crimes. If convicted, additional penalties can be imposed including domestic violence counseling.
If you or a family member has been charged with sexual assault, felony assault or other domestic violence 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 email@example.com.