Rhode Island Child Molestation Attorney
What is child molestation?
Child molestation is a broad term referring to any type of sexual contact between an adult and a child under the age of fourteen (14). In simple terms, it is illegal for an adult to touch a child's body with "lewd and lascivious" intent regardless of whether or not the child has given their consent.
The Justice Department reports that there are approximately four million pedophiles in the United States; however, it is nearly impossible to assess an accurate figure because many child molesters are never caught. The Justice Department reports that one in four girls and one in seven boys will experience some form of sexual abuse before turning 18.
If you've been accused of child molestation, do not hesitate to call our firm at (401) 441-5486. We offer free case evaluations and can begin strategizing for your defense. Contact the Law Offices of Robert H. Humphrey today!
Child Molestation Under Rhode Island Law
In Rhode Island, first-degree child molestation refers to the sexual penetration of a child under the age of fourteen, whereas second-degree child molestation is sexual contact with a child below the age of fourteen. The penalties associated with a child molestation conviction vary depending upon the type of molestation, the injury suffered, the relationship between the child and the defendant and the number of times the sexual abuse took place.
Pursuant to R.I.G.L. 11-37-8.1, first-degree child molestation sexual assault - a person is guilty of first-degree child molestation sexual assault if he or she engages in penetration with a child aged fourteen (14) or younger. The law states every person who shall commit first-degree child molestation sexual assault shall be imprisoned for a period of not less than twenty-eight (28) years and may be imprisoned for life.
Nevertheless, various factors can lessen the length of imprisonment. Statutory benchmarks suggest lower guidelines. With first-degree child molestation, if there was no relationship with the victim, no injury and one count charged, the punishment is from ten (10) to fifteen (15) years in prison. If the defendant had a close relationship with the victim (family member), and if no injury occurred and only one count charged, the suggested period of incarceration is fifteen (15) to twenty (20) years.
For those who had a close relationship with the child (family member) and caused moderate injuries or multiple counts charged, they will be sentenced to twenty (20) to thirty (30) years in prison. In cases where there was physical injury, multiple counts charged or aggravating circumstances, the person will face twenty-five (25) years to life in prison.
Pursuant to R.I.G.L. 11-37-8.3, second-degree child molestation sexual assault - a person is guilty of second-degree child molestation sexual assault if he or she engages in sexual contact with a child aged fourteen (14) or younger. The law states every person who shall commit second-degree child molestation sexual assault shall be imprisoned for not less than six (6) years nor more than thirty (30) years.
In cases where there was no relationship to the victim and the touching was over the clothing and only one count, it is punishable by up to three (3) years in prison. For no relationship to the victim, under the clothing touching and more than one count charged, the punishment is three (3) to eight (8) years in prison.
If the defendant had a close relationship (family member) and the touching occurred over the clothing and one count charged, it is also punishable by three (3) to eight (8) years in prison. If the defendant was a family member, if the touching occurred under the clothing and on one count charged, the guidelines suggest seven (7) to twelve (12) years imprisonment.
Why You Need a Rhode Island Sex Crime Attorney
To learn more about child molestation charges and defenses in Rhode Island, contact a member of our legal team at the Law Offices of Robert H. Humphrey.