As reported by Tracy Breton on the January 4, 2012 edition of the Providence Journal, the alleged victim in a high profile sexual assault case has died. In August of 2011, the woman accused a local state representative and former police officer of sexual assault. In November of 2011, the man was charged with first degree sexual assault, second degree sexual assault and
assault with intent to commit sexual assault. The future of case, without a victim to testify, remains unclear.
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 R.I.G.L. 11-37-4, second degree sexual assault is defined as 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 a period of not less than three (3) years and not more than fifteen (15) years.
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.