There are many different crimes in Rhode Island which fall under the category of sex crimes. All carry different penalties and are laid out in Rhode Island General Laws § 11-37. Some examples include sexual assault, child pornography, statutory rape, indecent exposure, sexual harassment, prostitution, failure to register as a sex offender, and many others.
What most of these crimes have in common is their classification as serious felony charges that can have life-long impacts on the accused. Since they are felony charges, and a person charged with a sex crime faces a jail sentence of at least a year, it is crucial to retain an experienced Rhode Island sex crimes attorney who will fight for you and your rights.
Most sex crime charges require sexual registration if you were to plea or found guilty of a sexual crime; registration is often mandatory. Having to register as a sex offender is yet another reason why it is crucial to fight sex crime charges as these can affect your career, family, and social life.
First Degree
The prosecution must prove beyond a reasonable doubt that the accused engaged in sexual penetration and knows or has reason to know the victim is mentally incapacitated, mentally disabled or helpless and uses force, coercion, concealment, or surprise is able to overcome the victim for the purpose of sexual arousal, gratification, or stimulation to include during medical treatment or examination.
What is sexual penetration? Sexual penetration includes vaginal or anal intercourse, cunnilingus, fellatio, or anything else that is inserted into the victim’s genital or anal openings.
Penalty: Prison for not less than ten (10) years, but up to life.
Second Degree
The prosecution must prove beyond a reasonable doubt that the accused engaged in sexual contact and knows or has reason to know the victim is mentally incapacitated, mentally disabled or helpless and uses force, coercion, concealment, or surprise is able to overcome the victim for the purpose of sexual arousal, gratification, or stimulation to include during medical treatment or examination.
What is considered sexual contact? Sexual contact is the intentional touching of intimate parts (clothed or unclothed) for sexual arousal, gratification, or assault.
Penalty: Prison for not less than ten (three) years and not more than fifteen (15) years.
Third Degree
The prosecution must prove beyond a reasonable doubt that the accused is over eighteen (18) years old and engaged in sexual penetration with another person who is fourteen (14) or fifteen (15) years old.
Penalty: Prison for not more than five (5) years.
First Degree – Child Molestation
The prosecution must prove beyond a reasonable doubt that the accused engaged in sexual penetration with someone fourteen (14) years old or younger.
Penalty: Prison for not less than twenty-five (25) years, but up to life.
Second Degree – Child Molestation
The prosecution must prove beyond a reasonable doubt that the accused engaged in sexual contact with someone fourteen (14) years old or younger.
Penalty: Prison for not less than six (6) years and no more than thirty (30) years.
Indecent Solicitation of a Child
The prosecution must prove beyond a reasonable doubt that the accused knowingly solicit another person under eighteen (18) years old, or one whom s/he believed to be under eighteen (18) years old at the time of the crime, for the purpose of engaging in an act of prostitution or in any act in violation of chapter 9, 34, or 37.
What is considered solicitation? Solicitation is an attempt to command, authorize, urge, incite, request, or advise another to perform an act by any means (such as in person, phone, writing, computer, Internet, advertisement, etc.).
Penalty: Prison for not less than five (5) years.
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