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Accused of Rape

A woman walked in to the Providence Police Station with her boyfriend and reported that her neighbor, W.M., had sexually assaulted her.  She gave a short statement to the police and W.M. was charged with first-degree sexual assault and a violation of probation.  He was held at the ACI while waiting for a probation violation hearing.  The offer by the State to resolve the violation was 10 years in jail.  At the violation hearing, the woman took the stand and told the judge her story - that she went to visit her neighbor and every time he would sexually assault her, each time a little more than the last time.  Kara Hoopis Manosh began her cross-examination carefully... it was clear that something was a little bit off about this complainant.  Kara first established that this woman had serious mental health issues and cognitive delays.  After learning a lot more about the complainant, Kara went through each and every allegation.  The woman would visit the apartment, start to engage in consensual sexual activity, ask W.M. to stop and then he would stop.  This would progress over and over.  Each visit would be a little more sexual contact, followed by a request to stop and an immediate respect of that withdrawal of consent.  The woman admitted that she had thoughts in her head about not wanting to continue the sexual activity, but never told W.M. those thoughts.  At the end of the hearing, the Judge said that W.M. displayed commendable restraint and respect.  She found NO VIOLATION of probation, and released the holds on W.M. for the sex assault charges.  The State dismissed the charges soon after.  One careful and thorough cross-examination of the complainant ended the entire case and won W.M. his liberty.  

Practice area(s): Criminal Defense

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