To protect your freedom and your future, let us help you fight back against your sex crime charges. Contact Manosh Payette Criminal Defense Attorneys at (401) 389-4739 to schedule a free consultation with a Rhode Island sex crimes lawyer.
Being accused of a sex crime in Rhode Island is one of the most serious things you can face–the accusations alone can lead to devastating consequences, and that doesn’t begin to scratch the surface of what happens if you’re convicted. In these situations, contacting a criminal defense lawyer is absolutely essential.
How Manosh Payette Criminal Defense Attorneys Can Help If You’re Arrested For a Sex Crime
If you’re arrested by law enforcement for sex crimes in Rhode Island, the first thing you should do is reach out to a criminal defense attorney with experience handling these types of cases. Here’s how we can help:
- We will conduct a thorough investigation to gather evidence that can help prove your innocence and poke holes in the prosecutor’s case.
- In some cases, the best option is to negotiate with the prosecutors so you don’t face the risk of conviction at trial. We will help you do this.
- If the case goes to court, we will represent you in front of a judge or jury and put on the strongest defense to the sex crimes case you’re facing.
For help with a sex crime charge in Rhode Island, contact Manosh Payette Criminal Defense Attorneys to schedule a free consultation with a Rhode Island criminal defense attorney.
Overview of Sex Crimes in Rhode Island
Understanding the various types of sex crimes in Rhode Island can give defendants a better idea of the gravity of the situation and what they need to do to prove their innocence. In Rhode Island, sex crimes are generally categorized in the following way:
- First-degree sexual assault: First-degree sexual assault occurs when an individual who is not the spouse forces penetration with a victim who, due to mental incapacity, intoxication, or physical incapability, cannot consent. This is referred to as rape in many other jurisdictions.
- Second-degree sexual assault: In Rhode Island, sexual assault for purposes of second-degree sexual assault involves inappropriate sexual contact for the purpose of sexual gratification without any penetration.
- Third-degree sexual assault: Third-degree sexual assault is often referred to as statutory rape. This takes place when a legal adult, aged 18 or older, has penetrative intercourse with someone between 14 and 16 years of age.
- First-degree child molestation: First-degree child molestation cases are characterized by engaging in a sexual act involving penetration with a child under 14 years old.
- Second-degree child molestation: Second-degree child molestation involves sexual contact, excluding penetration, with a child under 14.
These classifications demonstrate the range of behaviors that can lead to criminal charges, and being aware of these is essential for defendants or potential defendants.
What Are the Penalties For Sex Crimes in Rhode Island?
Sex crimes in Rhode Island can carry both criminal and societal penalties stemming from sex offender registration rules.
Criminal Penalties
Sex crimes carry some of the harshest penalties when looking at criminal offenses. If you go to trial and are convicted, you could be sentenced to the following:
- Penalties for first-degree sexual assault: Individuals convicted of first-degree sexual assault in Rhode Island face severe repercussions, including imprisonment for a minimum of 10 years, potentially extending to life in prison.
- Penalties for second-degree sexual assault: For second-degree sexual assault charges, offenders may be sentenced to a prison term ranging from three years to a maximum of 15 years, depending on specific circumstances and factors involved in the case.
- Penalties for third-degree sexual assault: Third-degree sexual assault convictions result in a prison sentence that does not exceed five years.
- Penalties for first-degree child molestation: The conviction for first-degree child molestation carries severe consequences, with a mandatory sentence of no less than 25 years in prison and potentially extending to life in prison.
- Penalties for second-degree child molestation: A conviction of second-degree child molestation results in an incarceration period of six years and can reach up to 30 years.
- Penalties for subsequent sex crimes: When someone is convicted of a subsequent sex crime, the state imposes stricter penalties. If you find yourself in this situation, the law requires your sentence to be at least double the minimum years compared to the most recent offense you were convicted of.
This means that if your most recent crime carried a sentence of five years as a minimum, you would now be looking at a minimum of ten years for the next conviction.
Sex Offender Registration
In Rhode Island, anyone falling into one of the following categories will most likely be required to register as a sex offender:
- You’re convicted of a sexual crime against a minor
- You’re convicted of a sexually violent crime
- You’re labeled a sexually violent predator
- You’ve committed an aggravated offense
- You have multiple sex crime convictions
The state groups sex offenders into three tiers based on their likelihood of re-offending. This classification helps everyone involved know what actions to take and what to anticipate. Being placed on the sex offender list can significantly alter an individual’s life. The label carries a heavy social stigma and impacts personal and professional relationships. It’s important to understand the real-world implications this has on everyday life. These implications include:
- Social stigma and isolation: Those on the sex offender list often face intense social stigma. Community members may avoid contact or interactions, leading to social isolation. This can severely affect a defendant’s mental health, making it challenging to maintain friendships and community ties.
- Employment challenges: Finding a job presents significant hurdles for individuals on the sex offender registry. Employers are likely to hesitate to hire someone with this background, fearing potential backlash from customers or other employees. This contributes to an uphill battle in building a stable professional life.
- Restrictions on housing: Housing restrictions add another layer of difficulty, as you will be prevented from living in certain areas, such as near parks or schools. Additionally, landlords run background checks and may be less likely to rent to someone who is on the sex offender registry.
Understanding these challenges is essential for anyone facing allegations of sex offenses.
What Defenses Can Be Raised If I’m Arrested For a Sex Crime?
If you are arrested for a sex crime, it’s crucial to understand the defenses available to protect your rights and potentially mitigate your circumstances. Your lawyer will help you do this. Below are some of the most common legal defenses that can be used:
- Mistaken identity: Mistaken identity can occur if you were incorrectly identified as the perpetrator. This defense focuses on providing evidence that another individual committed the act, not you. It’s important to gather evidence like alibis, witness accounts, or surveillance footage to support this claim.
- Consent: In some cases, you can argue that the alleged victim consented to the actions. This defense relies heavily on concrete evidence like text messages, emails, or testimonies that show mutual agreement. It also often comes down to a he said/she said situation and who the judge or jury finds more credible.
- False allegations: False allegations might arise from ulterior motives, such as revenge or custody battles. Demonstrating inconsistencies in the accuser’s statements or proving a motive for false accusations can strengthen this defense.
Understanding these defenses is essential for discussing them with your sex crime defense attorney. They can determine the most appropriate strategy for your case and help you navigate the legal process.
Being charged with a sex crime is overwhelming, but charges alone don’t automatically equal a conviction. If you find yourself in this position in Rhode Island, our firm is here to help you. We will do everything possible to fight back against the charges and make sure your freedom is protected. Contact Manosh Payette Criminal Defense Attorneys to schedule a free consultation with a Rhode Island sex crimes lawyer.
