As reported by Linda Borg and Thomas J. Morgan in the June 5, 2014 edition of the Providence Journal, a substitute teacher at Providence Public Schools has been charged by the Attleboro Police with sexual assault and domestic assault and battery. He is accused of having a relationship with a student when he was a teacher at Attleboro High School.
It is unclear if the man is being charged with forcible sexual assault (first degree sexual assault) or statutory sexual assault (third degree sexual assault). Third degree sexual assault does not involve force and is a crime based on the ages of the parties involved.
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. Additional penalties include sex offender registration and sex offender counseling.
Pursuant to R.I.G.L. 11-37-6, third degree sexual assault is defined as a person is guilty of third degree sexual assault if he or she is over the age of eighteen (18) years and engaged in sexual penetration with another person over the age of fourteen (14) years and under the age of consent, sixteen (16) years of age.
The penalties if convicted include imprisoned for not more than five (5) years. Additional penalties include sex offender registration and sex offender counseling.
If you or a family member has been charged with first degree sexual assault, third 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. Please contact Attorney Robert H. Humphrey, Esq., at 401-816-5862 or e-mail him at firstname.lastname@example.org.