Second Degree Sexual Assault Child Molestation: Reduced to Misdemeanor Assault with Probation
A man attended a magic show at the Providence Performing Arts Center (PPAC) with his son. PPAC is a large, historic theater. The man and his teenage son sat on the ground level of the theater with seats in the middle of their assigned aisle. The son sat to the right of his father. To the man’s left sat a young girl with her father seated to her left. In the middle of the show, the young girl’s father confronted the man verbally about inappropriately touching his daughter’s leg and inner thigh.
The father then reported his observations to PPAC staff, who contacted Providence Police. Police arrived and questioned all parties. Based on the little girl’s allegations and her father’s reported allegations, the man was ultimately charged with Second Degree Sexual Assault Child Molestation. The man retained Rhode Island Sex Assault Defense Attorney, John L. Calcagni III, to represent him in this matter before the Rhode Island Superior Court. Attorney Calcagni initially represented the man in both District Court and at his arraignment in Superior Court. He successfully obtained bail for his client in both places. Attorney Calcagni then investigated this matter and prepared for trial.
The man’s son was an eyewitness who did not see his father say or do anything inappropriate during the show. Attorney Calcagni also argued to prosecutors that common sense dictated against someone committing such an offense in a theater full of potential witnesses. Based on these collective efforts, Attorney Calcagni successfully negotiated with prosecutors to reduce his client’s charged felony sex offense to the misdemeanor of simple assault. In exchange for the man’s admission to this less serious charge, he received a suspended sentence with probation for one year.