Sexual Assault

Rhode Island Sexual Assault Attorney

Defense Counsel Who Has Sat on Every Side of Rhode Island’s Criminal Justice System

When you’re facing a sexual assault charge in Rhode Island, the attorney you retain matters enormously. I’m Robert H. Humphrey, and my background is unlike most criminal defense lawyers in this state. I’ve served as a prosecutor, as Newport County Bail Commissioner since August 1996, and as Municipal Court Judge for the Town of Tiverton from December 2003 through December 2005. I also served as Special Prosecutor for drunk driving and domestic violence in the Towns of Burrillville, Middletown, and Portsmouth, and as Assistant Solicitor for the Town of Little Compton for 14 years. That experience means I understand how Rhode Island prosecutors build these cases and how judges evaluate them at every stage.

The credential that most directly informs my sexual assault defense work is my service on the Rhode Island Sex Offender Board of Review from 2006 to 2011, appointed by Governor Carcieri. The Board determines the risk level a convicted sex offender poses to the community and assists the Sentencing Court in deciding whether an offender meets the standard for sexually violent predator designation. Having worked inside that process, I know exactly what Rhode Island’s system is designed to do to someone convicted of these offenses, which makes avoiding conviction the clearest priority from day one.

Over more than 30 years of criminal defense practice, I’ve represented individuals charged with offenses ranging from misdemeanors to first-degree sexual assault. I’ve published 20 articles in the Rhode Island Bar Journal, including pieces on sex crimes and criminal procedure. A sexual assault accusation triggers consequences before any conviction: bail conditions, no-contact orders, and damage to employment and relationships that can begin the moment an investigation becomes public. Retaining a defense attorney at the earliest possible stage gives counsel the opportunity to shape how the case develops before charges are formally filed.

Call my office now at (401) 441-5486 for a free case evaluation. I’m available 24/7 and can begin reviewing your situation immediately.

Rhode Island First-Degree Sexual Assault

Rhode Island treats first-degree sexual assault with the utmost seriousness at every stage of investigation and prosecution. Under Rhode Island General Laws Chapter 11-37, a person is guilty of first-degree sexual assault if he or she engages in sexual penetration with another person under qualifying circumstances established by statute. Sexual penetration includes not only sexual intercourse but also the intrusion of any part of a person’s body or any object into the genital or anal openings of another person’s body. The prosecution must also prove the use of force or coercion, that the accused knew the alleged victim was mentally incapacitated, mentally disabled, or physically helpless, or that another qualifying circumstance applied.

Penalties for First-Degree Sexual Assault

A conviction carries imprisonment of not less than 10 years and potentially a life sentence. The Superior Court Sentencing Benchmarks set 10 to 15 years as the range for one count with no injury to the victim. Mandatory sex offender registration and sex offender counseling apply in addition to any prison term.

Defense Theories in First-Degree Cases

Defense theories include challenging whether penetration occurred beyond a reasonable doubt, whether force or coercion was actually proven, and whether the alleged victim lacked the capacity to consent. Rhode Island’s single-witness rule is significant here: the testimony of the complaining witness alone is legally sufficient to arrest, charge, and convict without corroboration. That makes early investigation into the accusation’s origins, the accuser’s prior statements, and any available physical evidence critical to the defense.

If you’ve been accused of sexual assault, do not hesitate to call our firm at (401) 441-5486. We offer free case evaluations and can begin strategizing for your defense. Contact Law Offices of Robert H. Humphrey today!

Rhode Island Second-Degree Sexual Assault Attorney

A person is guilty of second-degree sexual assault if he or she engages in non-consensual sexual contact with another person. Under Rhode Island law, sexual contact means the intentional touching of the victim’s or accused’s intimate parts, clothed or unclothed, if that touching can be reasonably construed as intended for the purpose of sexual arousal, gratification, or assault. The circumstances that elevate contact to this charge include the use of force, element of surprise, or coercion, knowledge that the victim was mentally incapacitated, mentally disabled, or physically helpless, or engagement in a purported medical examination for sexual arousal.

Defenses to second-degree sexual assault typically focus on whether the touching, even if offensive, was actually for the purpose of sexual arousal, gratification, or stimulation. If that element can’t be proven beyond a reasonable doubt, these charges are often amended to felony or misdemeanor assault.

The penalty for second-degree sexual assault is imprisonment for not less than three years and not more than fifteen years. The Superior Court Sentencing Benchmarks distinguish between touching over clothing and touching under clothing when determining where within that range a sentence falls.

Rhode Island Third-Degree Sexual Assault Attorney

Under Rhode Island law, a person is guilty of third-degree sexual assault if he or she is over 18 and engages in sexual penetration with a person over 14 and under the age of consent. The age of consent in Rhode Island is 16.

Consent of the minor is not a defense to third-degree sexual assault.

The penalty is imprisonment for not more than five years, plus mandatory sex offender registration and sex offender counseling.

Defense Strategies for Rhode Island Sexual Assault Charges

Every sexual assault case turns on its specific facts, and effective defense begins with identifying which theories are actually available. The most common defense to first-degree and second-degree sexual assault is consent: if the evidence establishes that the complaining witness voluntarily agreed, or that the accused reasonably believed consent was given based on the totality of the circumstances, the prosecution may not meet its burden.

Challenging Witness Testimony & Credibility

A related defense is mistake of fact. Even if the alleged victim didn’t actually consent, the accused may not be guilty if he or she reasonably believed consent existed based on the alleged victim’s statements, actions, or prior conduct between the parties. Because Rhode Island’s single-witness rule allows a conviction to rest on the complainant’s testimony alone, investigating the credibility, consistency, and motivation of the accuser is one of the most consequential parts of trial preparation. False or mistaken accusations do occur, and a thorough review of the accuser’s prior statements, communications, and background can surface inconsistencies that may materially affect how the Rhode Island Attorney General’s office evaluates the case.

Physical Evidence & Pre-Indictment Intervention

In first-degree cases, physical evidence challenges are a standard component of the defense. Questioning the integrity of DNA collection, chain of custody, or the interpretation of forensic findings can undermine the prosecution’s narrative even where witness testimony appears strong. Early intervention by defense counsel, before charges are formally filed, creates the opportunity to present exculpatory information to prosecutors at the pre-indictment stage. That window doesn’t stay open indefinitely.

What to Expect After a Sexual Assault Accusation in Rhode Island

Understanding the sequence of events helps defendants and their families make informed decisions quickly. First- and second-degree charges are typically initiated by criminal complaint, bringing the case before a District Court judge for arraignment. The judge sets bail and imposes conditions, which often include a no-contact order. In first-degree cases, law enforcement frequently requests that the accused be held without bail pending a bail hearing within 10 business days. At that hearing, the state must present witness testimony to establish probable cause, and the judge then determines whether the accused poses a danger to the community or a risk of flight.

After arraignment, the Rhode Island Attorney General’s office has approximately six months to present the case to a grand jury and obtain an indictment, formally moving the matter to Superior Court. The pre-trial phase then involves discovery, motions practice, and negotiations that can extend from several months to multiple years depending on the complexity of the charges and the available evidence.

Anyone contacted by police in connection with a sexual assault investigation should speak with a defense attorney before agreeing to any interview. Statements made to investigators are recorded and can significantly limit available defense strategies later. Rhode Island bail may be posted in cash at 10 percent of the total bail amount, by property equity, or through a bondsman who typically charges a fee of approximately 5 percent.

Continue Reading Read Less

"I could not be happier with the results."
When I was arrested by the Tiverton police for DUI after an accident, Attorney Humphrey was available to meet with me right away to discuss my situation. He quickly resolved my case. The charge was dismissed and my record was then cleared. The entire process took less than two months from start to finish. I could not be happier with the results.

- Ken
"He was in a word, exceptional."
After I was arrested twice in one week, I knew I needed a skilled criminal defense attorney. Attorney Humphrey was that and more! He skillfully negotiated with prosecutors on my behalf. He used his knowledge of the courtroom and the law and got the first case dismissed immediately. I knew at that moment, that I had hired the right attorney. The second case also resulted in a dismissal. He was in a word, exceptional.

- Henry
"Thank you for the wonderful way you handled my Westerly DUI case."
Thank you for the wonderful way you handled my Westerly DUI case. I was very scared when I was charged with a DUI with readings over .15. However, I knew you were the right man for the job when you picked up the phone on a Sunday and put my mind at ease. Thank you so much for everything you did for me!

- Keri

We’ll Evaluate Your Case for Free

A member of our team will be in touch shortly to confirm your contact details or address questions you may have.

First Name
Please enter your first name.
Last Name
Please enter your last name.
Phone
Please enter your phone number.

This isn't a valid phone number.
Email
Please enter your email address.

This isn't a valid email address.
Are you a new client?
Please make a selection.
How can we help you?
Please enter a message.
By submitting, you agree to receive text messages from Law Offices of Robert H. Humphrey at the number provided, including those related to your inquiry, follow-ups, and review requests, via automated technology. Consent is not a condition of purchase. Msg & data rates may apply. Msg frequency may vary. Reply STOP to cancel or HELP for assistance. Acceptable Use Policy