Case Result

Case Result

Domestic First Degree Sexual Assault or Rape; Domestic Second Degree Sexual Assault; Domestic Breaking and Entering; Domestic Kidnapping; and Witness Intimidation: All Charges Dismissed.

Domestic First Degree Sexual Assault or Rape; Domestic Second Degree Sexual Assault; Domestic Breaking and Entering; Domestic Kidnapping; and Witness Intimidation: All Charges Dismissed.

A married man and father was accused by his secret lover of rape, sexual assault, breaking and entering, kidnapping and witness intimidation.  The complaining witness or alleged victim was the man’s steady paramour of more than five years.  The couple previously dated before the man married.  After he married, the couple officially broke up, but continued to maintain a secret sexual relationship.   This lustful affair continued into the man’s marriage.

The woman’s complaint to police alleged that she officially ended all relations with the man.  She further alleged that in retaliation, he broke into her home at night (Breaking and Entering), waited for her to arrive, prevented her from leaving the home (Kidnapping), forced her to engage in sex against her will (First and Second Degree Sexual Assault), and threatened her not to report his actions to police (Witness Intimidation).

These allegations led to the man’s arrest in Massachusetts, extradition to and prosecution in Rhode Island.   The man retained Rhode Island Criminal Defense Lawyers, John L. Calcagni III and John R. Grasso, to defend these heinous allegations.   The attorneys aggressively investigated the woman’s claims by obtaining text message and call history between her and the man that post-dated the alleged crimes.    The secret lovers also exchanged hundreds, if not thousands, of phone calls and text messages that contained sexual content, both language and photos.  The two even filmed some of their sexual encounters.

Communications established that the two continued their secret sexual relationship long after she claimed her home was broken into and then raped by the man.   The attorneys also developed a strong motive to fabricate by the woman.  The lovers engaged in unprotected sex.  The man learned that she began a dating a co-worker while still sleeping with him.  The man expressed a concern for the possibility of sexually transmitted diseases (STD).

He suggested they all get STD testing and that she disclose her sexual relations with him to the new boyfriend.  When the woman protested both the proposed testing and disclosure, the man threatened to confront boyfriend on his own.   This is when and what prompted the woman’s false allegations to police.   There was also no physical evidence to support the woman’s allegations.   She declined to participate in a rape kit or sexual assault examination at the request of police.

There are also no witnesses or other forms of independent evidence to support her claims.   Her word alone was the only basis for the claims.  However, her word was under considerable attack by Attorneys Calcagni and Grasso.  The lawyers’ efforts brought the truth to light and defeated the woman’s dark and false accusations.  As a result, all charges against the man were dismissed and have subsequently been erased, destroyed or sealed from public record.