Rhode Island Sex Crime Defense Lawyer
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.
Examples of Sex Crimes in Rhode Island
- Child sexual abuse
- Child pornography
- First-degree sexual assault
- Second-degree sexual assault
- Third-degree sexual assault
- Statutory rape
- Indecent exposure
- Sexual harassment
- Failure to register as a sex offender
Sexual assaults are defined under Rhode Island General Law 11-37-1 through 11-37-8.9. Rhode Island law lays out the definition of sexual assault and the penalties. Each crime has unique elements that the State must prove beyond a reasonable doubt.
Types of Sexual Assault
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.
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.
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.
Types of Child Molestation
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.
Defenses for Sex Crimes
Although each case is very fact specific and depends on the charge, the accused may assert many defenses to include innocence, consent, entrapment, mental incapacity and/or insanity, etc. If you or a family member has been charged with sexual assault or any other serious felony, please allow The Law Offices of Stefanie A. Murphy to guide you through the legal process.
Are You Innocent of a Rape Charge?
It happens all too often across America on a daily basis: someone is accused of a rape charge, a charge that has potentially very serious consequences for the alleged rapist. In the event you have been charged with rape, are you ready to fight back?
So that you can increase the odds of winning your case, make sure you provide your Rhode Island sex crime defense attorney with the following:
- Evidence pointing to contradictions and/or inaccuracies in the alleged victim’s story.
- Any video evidence to show you were not with or near the alleged victim at the time of the alleged rape.
- Any evidence demonstrating the alleged victim has unsuccessfully made such accusations about others in the past.
- Your background history pointing to being an upstanding citizen without any prior legal issues.
Rape charges can prove quite damaging, even in the event you are cleared. Such allegations can impact your ability to earn a living, not to mention stay together with your family.
How a Rhode Island Sex Crime Defense Attorney Can Help
Rhode Island sex crime defense lawyer Stefanie Murphy looks at the facts, the person charged, the law, case law established in Rhode Island and investigation into the truth in order to prepare the case. Sometimes individuals are falsely charged with the facts and allegations exaggerated or just made up.
Each and every case has a different and unique set of facts and circumstances. The Law Offices of Stefanie Murphy will thoroughly investigate all the evidence, facts and statements and fight to get these charges dismissed.
Rhode Island sexual assault lawyer Stefanie A. Murphy defends individuals facing felony assault charges in Barrington, Bristol, Burrillville, Charlestown, Coventry, Cranston, Cumberland, East Greenwich, East Providence, Exeter, Foster, Glocester, Hopkinton, Jamestown, Johnston, Lincoln, Middletown, Narragansett, Newport, North Kingstown, North Providence, North Smithfield, Pawtucket, Portsmouth, Providence, Richmond, Scituate, Smithfield, South Kingstown, Tiverton, Warren, Warwick, Westerly, West Greenwich, West Warwick, Woonsocket.