Domestic First Degree Sexual Assault in violation in Cumberland, Rhode Island
Charges
- Domestic First Degree Sexual Assault in violation of RIGL § 11-37-2 (multiple counts);
- Domestic Second Degree Sexual Assault in violation of RIGL § 11-37-4;
- Domestic Strangulation in violation of RIGL § 11-5-2.3; and
- Domestic Simple Assault in violation of RIGL § 11-5-3
Court Information
Cumberland, Rhode Island
Rhode Island Superior Court (Providence County)
Case Overview
A young man was formerly involved in a romantic relationship with a young woman. The couple broke up, but continued to carry on their sexual relationship. While continuing this affair, the man formed a romantic interest with another woman who had become pregnant with his child. The ex-girlfriend was both aware of and unhappy by this turn of events. During a consensual oral sexual encounter between the former couple, the ex-girlfriend alleged they argued and fought, prompting her to become victim to forced and nonconsensual sexual activity. She specifically alleged the man vaginally and anally raped her in his vehicle, while parked in the lot to her apartment complex, and then strangled and assaulted her. The woman fled on foot, returning to her nearby apartment, while the man drove away. The woman went to the hospital for her alleged injuries, and reported her attacker to police. Despite the absence of any medical evidence to support her claims, police arrested and charged the man, initially in Rhode Island District Court (6th Division) with various forms of domestic sexual assault and domestic assault. The man was initially ordered held without bail because of the severity of the charges. His family immediately hired Rhode Island Sex Assault Defense Lawyer, John L. Calcagni III, to defend him against these serious charges.
After a hard fought bail hearing that involved aggressive cross examination of the ex-girlfriend, Attorney Calcagni persuaded a District Court judge to release his client on bail. The aggressive defense tactics continued once the case was indicted in Superior Court. Attorney Calcagni and his client continuously prepared for trial from the time of the man’s release on bail, focusing on the lack of corroborating evidence, motives to fabricate, and the woman’s character for violence. After nearly 4 years, the case was scheduled for trial. Just days before jury selection was scheduled to begin, Attorney Calcagni persuaded prosecutors to resolve this case with an amendment from the charged felony sex offenses to one count of the felony assault. In exchange for the man’s admission thereto, he received a suspended sentence of 6 years with probation. All other charges were dismissed. This disposition spared the man from the risks associated with prison and sex offender registration, if convicted after trial.
Case Result
Amended to Felony Assault, 6-Year Suspended Sentence with Probation