Sexual Assault In Rhode Island

 It is illegal in Rhode Island for a person to have sex with a minor, which in this case pertains to anyone under the age of sixteen. The act is still considered illegal if the sex was consensual. This law is based on the idea that children in this age group are incapable of giving informed consent to any sexual act. Each state has its own set of rules regarding statutory rape with varying ages of legal consent.

 Statutory rape cases are not considered assault even though they are considered rape, and are prosecuted under Rhode Island’s sexual assault and child molestation laws. The classification for such crimes are:

• -          Third degree sexual assault: This is when the sex takes place between anyone at least 14 but under 15 years of age and someone who is 18 or older.
• -          Second degree child molestation and sexual assault: Sexual contact between someone younger than 14 years of age and an adult over the age of 18. This charge can result in at least six years in jail.
• -          First degree child molestation and sexual assault: Sexual intercourse in any form of penetration between anyone under 14 and an adult. This charge can be prosecuted to the fullest extent, up to 25 years in jail.

Defenses for statutory rape can include the following:

• -          The “Romeo and Juliet” exception applies to teenagers having sexual intercourse within their own age group. This does not apply to minors under the age of 14, they are not allowed to consent to anyone of any age under the state law.
• -          Misinformation is a common defense, as most convicted people claim that they thought the victim was older. Some people look older and more mature than their chronological age, and this can create legal issues. Even though this is a common mistake, Rhode Island will not allow this as a defense.

  Anyone convicted of first degree child molestation must register as a sex offender, and with this registration comes a lifetime electronic global positioning system monitoring. Even if you are convicted of third degree sexual assault you may be required to register as a sex offender. Contact a criminal defense lawyer today if you or someone close to you has been charged with any type of sex crime. 

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If you have questions about this post or are interested in Criminal Defense, Divorce or Immigration Law in RI contact Rhode Island Criminal Defense Attorney John E. MacDonald at 401.421.1440.

To learn more about John MacDonald, please visit his website at AggressiveLegalServices.com.