As reported by Gregory Smith in the May 9, 2012 edition of the Providence Journal, a Providence police officer has been accused of sexual assault. The alleged victim made a report after being treated at the hospital. The case is currently under investigation and the officer has not been charged with sexual assault. The officer is suspended while the charge is being investigated.
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 are imprisonment for a period not less than ten (10) years and may be imprisoned for life. The type of sexual assault alleged is unclear. The officer could be charged with second degree sexual assault, 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 are imprisonment for not less than three (3) years and not more than fifteen (15) years. If convicted of either charge, the man would also be required to register as a sex offender and participate in sex offender counseling.
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.