First Degree Sexual Assault or Rape
Police arrested and charged a man with First Degree Sexual Assault or Rape. The charges followed allegations against the man by his girlfriend who is also the mother of their child. The couple had been together on and off for approximately six years. After separating for a few months, they were working toward reconciliation. One evening, they attended an outdoor party in the woods with a large group of friends. The party was attended by many and involved a bon fire, drinking alcohol and smoking marijuana. Along the way to the party, the couple stopped to have consensual sexual intercourse outdoors in the bed of the man’s pick-up truck. They then attended the party, which ended in the early morning hours. As the event wound down, many departed and headed home. The couple remained behind with plans to sleep in the truck for fear that he was too intoxicated to drive. What occurred next is where their stories diverge. The man claimed the two had sexual intercourse followed by an argument that prompted the woman to run off. The woman claimed that the man physically assaulted her and then subjected her to both forcible vaginal and anal penetration. Regardless of what version of events you accept, the woman ran off from the man, through the woods, into a neighborhood and to the home of a stranger. She rang the bell and when someone answered, she claimed to be the victim of an assault and rape. She presented with signs of visible injuries to her face and body. She subsequently returned home and called the authorities to report her allegations. Upon learning of his girlfriend’s allegations, the man turned himself in to police. He was then questioned at which time he made some incriminating statements. Police arrested the man and presented him in court for arraignment. The Court ordered him detained without bail pending the outcome of an evidentiary bail hearing.
The man hired Attorney John L. Calcagni III and his esteemed colleague to defend him against the charges, and most immediately, to represent him at the bail hearing. The case proceeded to hearing at which time the State called the complaining witness. Attorney Calcagni cross-examined her regarding her delayed report, motive to fabricate, jealously over the father’s custody of their child, her mental health issues and substance abuse problems, and lack of physical and medical evidence to support her claims of forcible penetration. After undermining the girl’s credibility, the Court denied the State’s request to hold the man and ultimately granted Attorney Calcagni’s request to release him on bail.