A high school teenage boy was dating a female classmate. While on the bus home from school, the two were seated next to each other at the back of the bus. They were kissing and groping each other. During this time, the boy touched the girl’s vagina. She did not object to this sexual contact at the time. However, in the following days, she cried sexual assault to her mother, who notified school officials and police. Based on the girl’s uncorroborated claim, the boy was expelled from school and criminally charged in Rhode Island Family Court with first-degree sexual assault, which consists of any form of unwanted or nonconsensual sexual penetration. The boy and his family retained Rhode Island Criminal Defense Lawyer, John L. Calcagni III, to defend him in this matter. Attorney Calcagni attended several pretrial conferences on his client’s behalf where he obtained discovery related to the girl’s allegations. He also conducted his own pretrial investigation and offered prosecutors for the boy to voluntarily undergo a sex offense risk assessment. The results came back favorably demonstrating that the boy does not pose a risk to others and is not sexually deviant. Armed with this information, Attorney Calcagni successfully persuaded prosecutors to reduce the charged felony sex offense to the misdemeanor and less serious offense of simple assault. Providing the boy is not charged with a new offense and remains out of trouble for one year, the matter will be closed.
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