Multiple Counts of First Degree Sexual Assault Child Molestation in Coventry Rhode Island
Charges
- Multiple Counts of First Degree Sexual Assault Child Molestation in violation of RIGL § 11-37-8.1; and
- Multiple Count Second Degree Child Molestation Sexual Assault, in violation of RIGL § 11-37-8.3
Court Information
Coventry, Rhode Island
Kent County
Rhode Island Superior Court (Kent County)
Case Overview
A man was accused by his girlfriend’s young daughter of sexual assault. She alleged multiple instances of sexual touching, penile vaginal penetration, digital penetration, and cunnilingus. Because she was under the age of 14 when she alleges these events occurred, the man was arrested and indicted in Rhode Island Superior Court with multiple counts of Second Degree Child Molestation (sexual contact) and First Degree-Child Molestation (penetration). He retained Rhode Island Sex Crime Defense Lawyer, John L. Calcagni III, to defend him in this matter.
The State had no corroborating evidence other than the girl’s word. At trial, Attorney Calcagni dismantled her story on cross-examination, and even uncovered a motive to fabricate on her part. Notwithstanding, the jury could not reach a unanimous verdict. The 12 jurors were evenly split with 6 jurors in favor of an acquittal and 6 jurors in favor of guilt. The Court declared a mistrial. Attorney Calcagni then successfully petitioned the trial judge to release the man on bail, after he had spent years in pretrial custody. As the next trial date approached, Attorney Calcagni successfully persuaded prosecutors to amend of the child molestation charges to the felony non-sex offense of Felony Assault. The man admitted responsibility to this less serious charge and received a sentence of probation. This result enabled him to avoid the risk of another trial, sex offender registration, and the possibility of deportation, as he is a Mexican Citizen with U.S. Permanency Residence.
Case Result
Amended to Felony Assault and Probation.