First Degree Domestic Sex Assault or Rape, Second Degree Domestic Sex Assault, Domestic Breaking and Entering, and Domestic Kidnapping

Sex Crimes

A married man was involved in a long-time, affair with a younger woman. Their relationship mainly centered on sex. At one point, the man learned that his paramour was involved in another romantic relationship with a coworker and that the two were having unprotected sex. He and his paramour similarly had unprotected sex, which caused him concern due to the possibility of sexually transmitted diseases (STD). When he confronted her on the issue and asked her to reveal their relationship to her coworker, she refused. After he threatened to confront the coworker on his own to suggest that the all undergo STD testing, she went to authorities claiming to be the victim of rape and other crimes. Specifically, she alleged that he entered her home in her absence and without her authority. Upon her arrival, he repeatedly forced her to engage in sex against her will. When she voiced a desire to leave, he allegedly stopped her and held her captive in her own home. Based on her allegations alone (there was no independent corroborating evidence), police obtained a warrant and arrested the man for felony charges of First Degree Domestic Sex Assault or Rape, Second Degree Domestic Sex Assault, Domestic Breaking and Entering, and Domestic Kidnapping. The man initially appeared in Rhode Island District Court and was held without bail pending the outcome of a bail hearing. He retained RI Criminal Defense Attorney, John L. Calcagni III, and RI Criminal Defense Attorney, John R. Grasso, to defend him against these horrific, but false charges. Attorneys Calcagni and Grasso immediately focused their attention to preparing for their client’s bail hearing. This included gathering text message history and other forms of electronic communications between the man and his paramour evidencing their plan to meet at her apartment on the night of the alleged attack. The man arrived to the apartment before her, but entered with a key. He also brought dinner, which was part of their plan. The attorneys also developed information about the ongoing, consensual sexual relations between the two over the years, to include filming and photographing their activities. They further obtained medical evidence that the man was physically unable to sexually perform the night of the alleged attack due to an underlying medical condition. In addition to disproving her false claims, the attorneys also assembled information about their client’s family, work history, business ownership, citizenship, and lack of criminal history. Based on their preparation and advocacy, Attorneys Calcagni and Grasso successfully persuaded both the Court and prosecutors to release their client on bail while awaiting trial.