As reported by Mark Reynolds in the November 16, 2011 edition of the Providence Journal, a man has been arrested and charged by the Johnston Police with first degree sexual assault and second degree sexual assault. The man, who is a state representative, allegedly assaulted the woman in her home and threw money at her after the assault.
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 Rhode Island General Laws 11-37-4, second degree sexual assault is defined as:
A person is guilty of a second degree sexual assault if he or she 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. If convicted of either first or second degree sexual assault, a person would be required to register as a sex offender and undergo sex offender counseling.
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.