East Providence Rhode Island Three Counts of Second Degree Sexual Assault
Charges
- Three Counts of Second Degree Sexual Assault in violation of RIGL § 11-37-4;
Court Information
East Providence, Rhode Island
Rhode Island Superior Court (Providence County)
Case Overview
A female student at a technical school alleged that she was sexually assaulted by a faculty member. The woman was in the electrical program, and the man was one of her instructors. She detected that he was interested in her, as the two had exchanged hugs and flirted with each other in the past. On the day in question, the female student stayed after class for extra help. This is when she alleged that the man kissed and bit her neck, touched her breasts, and reached for her vagina in between her legs, all while from behind as she sat at a desk. After a momentary pause of not saying or doing anything to communicate lack of consent, the woman walked off and quickly reported the man. He was terminated from his employment and criminally charged with three counts of Second Degree Sexual Assault. His case was originally filed in Rhode Island District Court (6th Division) and ultimately transferred to Rhode Island Superior Court (Providence County). The man and his parents immediately hired Rhode Island Sex Assault Defense Lawyer, John L. Calcagni III, to defend him against these serious charges.
After hard fought pretrial negotiations, the prosecution would not dismiss the case or reduce the charges. As a result, the case was set for trial. Days before jury selection, prosecutors finally came to realize the evidentiary challenges and weaknesses in their case. In effort to resolve it, the agreed to Attorney Calcagni’s prior proposal to amend the charged felony sex offenses to one count of the felony assault. In exchange for the man’s admission to this less serious offense, he received a suspended sentence of 6 years with probation. All other charges were dismissed. This result enabled the man to avoid any potential time in prison and sex offender registration, if he had been convicted after trial.
Case Result
Amended to Felony Assault, 6-Year Suspended Sentence with Probation