The State of Rhode Island vigorously protects the rights of those who cannot defend themselves. Prosecutors zealously prosecute anyone accused of having sexual contact someone they should know is mentally or physically incapacitated or helpless. This also includes if someone alleges their attacker used force or coercion for sexual contact or if someone claims they suffered sexual assault during a medical exam.
If you are facing charges or being investigated for Second Degree Sexual Assault you need representation immediately, contact Criminal Defense Attorney John E. MacDonald at (401) 421-1440 for a FREE CONSULTATION today.
Are you under investigation for Second Degree Sexual Assault?
If you or a loved one become aware that you are being investigated for any sexual assault charge the sooner you contact an experienced trial attorney the better your chances for a successful outcome. Cease any conversations with investigators or the police until you have spoken to a criminal defense lawyer. Regardless of the circumstances or your innocence the nature of the severity of sex crimes in Rhode Island and the severity of the consequences dictates you need to protect your rights immediately.
If you or a loved one has been accused, arrested, or charged speak with an experienced attorney immediately. Make sure they are an experienced trial lawyer that has extensive knowledge of defending these types of charges including investigating, pre-trial preparation and negotiation, witness interviews, and negotiation from arrest through trial. You want someone that is dedicated to going to trial to defend your rights and will overturn every detail in the process.
Your actual innocence often has very little to do with an outcome once you have been arrested. Having the right representation is everything. As a former Rhode Island State Public Defender with over 17 years of criminal defense and trial experience, John E. MacDonald is considered one of the best criminal defense lawyers in Rhode Island. His practice focuses on trial cases involving felony level crimes. Contact Attorney MacDonald at (401) 421-1440 for a FREE CONSULTATION today.
Second Degree Sexual Assault Case Results
Second Degree Sex Assault – Not Guilty After Jury Trial: Client was charged with Second Degree Sexual Assault based upon the testimony of a complaining witness that she was touched while shopping at a convenience store. The Attorney General relied heavily on video evidence that plainly showed that physical contact of an intimate body part did occur. Attorney John MacDonald presented to the jury through cross-examination of the complaining witness and argument that this contact was in fact fully consented to. The jury unanimously agreed and found the client not guilty of both Second Degree Sexual Assault and Battery.
Defining Second Degree Sexual Assault
Rhode Island defines second degree sexual assault as any sexual contact of another’s intimate body parts by way of force or coercion, or is perpetrated on any victim that is deemed physically or mentally helpless or is subject to a medical exam or treatment, but does not involve penetration.
§ 11-37-4 Second degree sexual assault. – A person is guilty of a second degree sexual assault if he or she engages in sexual contact with another person and if any of the following circumstances exist:
The accused knows or has reason to know that the victim is mentally incapacitated, mentally disabled or physically helpless. The accused uses force or coercion. The accused engages in the medical treatment or examination of the victim for the purpose of sexual arousal, gratification or stimulation.
Penalties for 2nd Degree Sexual Assault First degree sexual assault is punishable by up to life imprisonment. Any conviction also requires mandatory lifetime registration as a sex offender and counseling. Penalty as defined by the State of Rhode Island:
§ 11-37-5 Penalty for second degree sexual assault. – Every person who shall commit sexual assault in the second degree shall be imprisoned for not less than three (3) years and not more than fifteen (15) years.
If you are being investigated, charged or have been arrested for a sex crime in Rhode Island, Massachusetts or Connecticut, please contact Criminal Defense Attorney John E. MacDonald at 401.421.1440 now for a free consultation.
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Call us at 401.421.1440 today to schedule a free consultation.
Trial Attorney John E. MacDonald handles sex crimes cases in the following areas (and more):
DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter. Also, the Rhode Island Supreme Court licenses all lawyers in the general practice of law, but does not license or certify any lawyer as an expert or specialist in any field of practice.