As reported by Amanda Milkovits in the September 12, 2013 edition of the Providence Journal, a South Providence man has been arrested and charged with first and second degree child molestation. The man is accused of molesting a nine (9) year old girl who is related to him. He allegedly bound the girl with duct tape during the assaults. He is currently being held without bail.
Pursuant to Rhode Island General Laws 11-37-8.1, first degree child molestation is defined as a person is guilty of first degree child molestation sexual assault if he or she engages in sexual penetration with a person fourteen (14) years of age or under. The penalties if convicted include imprisonment for a period of not less than twenty-five (25) years and may be imprisoned for life. If released from prison, they would be required to register as a sex offender and participate in sex offender counseling.
Pursuant to R.I.G.L. 11-37-8.3, second degree child molestation is defined as a person is guilty of a second degree child molestation sexual assault if he or she engages in sexual contact with another person fourteen (14) years of age or under. The penalties if convicted include imprisonment for not less than six (6) years nor more than thirty (30) years. Upon release from prison, sex offender registration is required as is sex offender counseling.
If the man is convicted of first degree child molestation, he may be required to wear an electronic monitoring bracelet. The "Jessica Lunsford Child Predator Act of 2006" states that ensure the safety of victims the most dangerous child predators be electronically monitored via an active global positioning system in order to ensure that their whereabouts can be easily ascertained by law enforcement and other responsible authorities at all times while providing treatment to offenders. The law provides that a person be electronically monitored via an active global positioning system for life and, as a condition of parole and probation, and for the duration of any period of his or her probation following his or her parole shall attend a sex offender treatment program to address his or her criminally offensive behavior, as determined by the department of probation and parole. The persons subject to this condition of parole shall include:
(1) Persons who commit first degree child molestation sexual assault on or after January 1, 2007 and the victim of the sexual assault is twelve (12) years of age or younger. The alleged victim in this case is nine (9) years old.
If you or a family member has been charged with child molestation, sexual assault or possession of child pornography, please allow Attorney Robert H. Humphrey 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.