Man Arrested by North Providence Police and charged in the Rhode Island Superior Court (Providence County), Providence, RI for Multiple Counts of 1st Degree Sexual Assault and 2nd Degree Sexual Assault.
North Providence Police arrested a restaurant manager and charged him with multiple acts of 1st Degree Sexual Assault and 2nd Degree Sexual Assault. The charges were based solely on allegations by a female waitress who worked at the restaurant that her manager raped and sexually assaulted her while the two were on duty. She alleged that her manager called her into his office. Once inside, she claimed he locked the door, placed his hand around her throat, and forced her up against a wall, causing her to bite her bottom lip. She further claimed that the manager exposed his penis to her, groped her breasts underneath her shirt and bra, forced his hand into her underwear, and put his fingers inside her vagina. She also alleged that the two kissed. Once the encounter ended, the both returned to their duties. Because the alleged incident occurred on a Sunday, the restaurant had a full dining room and various employees to include other wait staff and kitchen workers. No one saw or suspected anything out of the ordinary. Some days later, the female waitress, then a high school senior, visited North Providence Police where she made her sexual assault allegations. The man and his family retained Rhode Island Sex Assault Defense Lawyer, John L. Calcagni III, to defend him in this matter.
10 years ACI, suspended with probation for the amended (non-sex offense) charge of felony assault. All allegations of 1st Degree Sexual Assault and 2nd Degree Sexual Assault were dismissed. Attorney Calcagni’s first prior was to fight for his client’s release on bail. In accordance with Rhode Island law, because Rape of 1st Degree Sexual Assault is a capital offense, the man was initially detailed without bail. Because he had no criminal history, strong ties to the community and the alleged events were neither witnessed or corroborated, and contracted by common sense, Attorney Calcagni successfully persuaded a very conservative judge to set bail. From there, Attorney Calcagni began with his trial preparation, to include interviewing fact witnesses, recruiting character witnesses, surveying the restaurant, and investigating the waitress’s background. During preparations, Attorney Calcagni successfully negotiated a plea deal for the man that enabled him to avoid the risks of a trial, possible jail if convicted, and sex offender registration. The State offered to amend the rape charge to felony assault, dismissed all sex offense charges and recommend a suspended sentence of 10 years.