As reported by Katie Mulvaney in the August 7, 2012 edition of the Providence Journal, a Providence man has been sentenced in connection with first degree sexual assault and felony assault charges. The man was found guilty by a jury of four (4) counts of first degree sexual assault and one (1) count of felony assault. He was found not guilty of second degree robbery and another count of felony assault. The Judge sentenced the man to sixty (60) years imprisonment, with fifty (50) years to serve.
Pursuant to Rhode Island General Laws 11-37-2 defines first degree sexual assault 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.
Once convicted the penalties include imprisonment for a period not less than ten (10) years and may be imprisoned for life. If the man were ever to be released from prison, he would be required to register as a sex offender.
Pursuant to Rhode Island General Laws 11-5-2, felony assault is defined as every person who shall make an assault or battery, or both, with a dangerous weapon, or with acid or other dangerous substance, or by fire, or an assault or battery which results in serious bodily injury.
(b) Where the provisions of "The Domestic Violence Prevention Act", chapter 29 of title 12, are applicable, the penalties for violation of this section shall also include the penalties as provided in § 12-29-5.
(c) "Serious bodily injury" means physical injury that:
(1) Creates a substantial risk of death;
(2) Causes protracted loss or impairment of the function of any bodily part, member or organ; or
(3) Causes serious permanent disfigurement or circumcises, excises or infibulates the whole or any part of the labia majora or labia minora or clitoris of a person.
Upon conviction, the penalties include imprisonment for not more than twenty (20) years.
If you or a family member has been charged with sexual assault, possession of child pornography 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 rhh@rhumphreylaw.com.