RI First Degree Sexual Assault Case Results and Testimonial

First Degree Sexual Assault Charges Results

March, 2013.  Client was facing two counts of First Degree Sexual Assault in Providence Superior Court.  After a six-day jury trial in which the state called 9 prosecution witnesses, including a DNA expert, client was found Not Guilty on all counts.
                                                                                                                                                                                         
Testimonial by family:

"There are no words to describe the gratitude of our family. You have helped us navigate the most stressful and difficult 16 months of our lives.  Because of your representation, two beautiful children will know their father's love, will never have to endure the shame and humiliation of having an incarcerated parent, can giggle and laugh as they run through the house chasing their dad as they were doing earlier. They'll never know how close they came to a life changing experience. Thank you from the depth of my soul!"
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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.

Sexual Assault in Rhode Island

Sexual Assault in Rhode Island

Sexual Assault is a broad term used to describe a series of sex-related crimes which vary in severity as well as consequences. It is a crime that can happen anywhere, to anyone, and everyone should know what to do in the event they have been sexually assaulted. Sex crimes are among the most serious offenses, and often carry extremely severe sentences for both the victim and the offender. If you or anyone you know has recently been the victim of a sexual assault it is very important that they reach a safe area where medical treatment can be given and authorities can be alerted.

As with most violent crimes, there are degrees of sexual assault each with a corresponding penalty.

Degrees of sexual assault

The crime and penalty for sexual assault is defined by each individual state for which the crime occurs. Like most states, Rhode Island has broken it down into the following categories.

First degree sexual assault:

Any forced or coerced, penetration of the vagina, anus, or mouth by any part of the body or foreign object. If convicted, you may face anywhere from 10 years, to life in prison.

Second degree sexual assault:

Any kind of sexual contact that involves force or coercion, or is perpetrated on any victim that is deemed physically or mentally helpless, but does not involve penetration. If convicted, you may face anywhere from 3 to 15 years imprisonment.

Third degree sexual assault (Statutory Rape):

Any kind of sexual contact with a victim between the ages of 14 and 16, even without coercion or force, and involves penetration. If convicted you may face up to 5 years in prison.

First degree child molestation:

Any kind of sexual penetration involving a victim under the age of 14. If convicted you may face a minimum of 25 years, or a maximum of life in prison.

Second degree child molestation:

Any type of sexual contact with a victim under age of 14 but does not involve penetration. If convicted you may face a minimum of 6 years, and a maximum of 30 years in prison.

Failing to report sexual abuse:

Although it is not commonly known, it is a crime to withhold information regarding sexual abuse. If you or anyone you know is being, or has been sexually abused, you must report the crime to the authorities immediately. Failure to do so may result in a $500 fine and up to one year imprisonment.

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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.

To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.

Child Molestation in RI

Rhode Island Child Molestation

It is a most unfortunate reality that there are an average of 150-300 cases of child-molestation reported in the state of Rhode Island each year. Child Molestation falls under the category of Child Abuse, which is defined as endangering the physical or mental health of a child via excessive, or harmful punishment, sexual exploitation, neglect, or abandonment.

If you or anyone you know have information regarding the possible abuse of a child in the state of Rhode Island, you are legally required to immediately contact The Department for Children, Youth and Families (DCYF) at (401) 528-3502.

Accusations and Convictions

Due to the seriousness of child abuse crimes, penalties in most states are severe, and even being implicated or accused of child molestation is enough to drastically change your life forever, even if you are completely innocent. A child abuse or child molestation charge on your record will undoubtedly affect your chances of gaining employment, especially if you intend to work around children, or as a public official.

What constitutes Child Molestation?

Child molestation has many forms, most typically of which include direct sexual contact such as touching, rubbing, or groping in a lewd or lascivious manner. However there are many more forms of child molestation that often accompany the most common forms of abuse. Some of these forms of sexual child abuse include:

・ Indecent verbal contact

・ Indecent written contact such as texts, emails, or letters

・ Video taping a child in a lewd or lascivious manner

・ Photographing a child in a lewd or lascivious manner

・ Using a child for financial gain via prostitution

Penalties for Child Molestation

The state of Rhode Island does not treat the crime of child abuse or child molestation lightly, and has mandated severe punishments for those convicted of the crime. First degree child molestation convictions carry a minimum of 6 years in prison, and a maximum of 30 years. Second degree child molestation convictions carry a minimum of 25 years in prison, and a maximum of life. Indecent soliciting of a child will result in a minimum of 5 years imprisonment.

Have you or your loved ones been accused of Child Molestation?

Because of the dangers involved with being accused of child molestation, you can not afford to waste precious time that can be used to build your defense. There are many individuals that are falsely accused every year, and are in some cases; wrongly convicted. Regardless of whether or not you are guilty, everyone deserves a legal defense.

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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.

To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.

Client charged with 1st Degree Sexual Assault found NOT GUILTY

Recent Testimonial from a Client Charged with 1st Degree Sexual Assault

Client Was Found Not Guilty

Nov 2011:

"I would like to sincerely thank you for believing in me and working so diligently on my case.  My family and I deeply appreciate everything you have done in winning back my freedom and restoring my innocence."

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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.

To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.

Attorney John E. MacDonald announces the successful resolution of a Post-Conviction Relief Immigration case

Post-Conviction Relief and Immigration Attorney John E. MacDonald announces the successful resolution of another case.

1999 conviction for second degree child molestation vacated pursuant to the United States Supreme Court’s recent decision of Padilla v. Kentucky.

Client was never advised by his attorney that his conviction constituted an aggravated felony charge under immigration law requiring automatic deportation from the United States. An application for post-conviction relief was filed in Providence Superior Court and granted based upon the requirement under Padilla for counsel to correctly advise their clients as to the adverse deportation consequences of any criminal conviction.

Client is now eligible to re-open and terminate his deportation order.
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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.

To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.

Child Pornography Ring in RI 17 Arrested

RI Criminal Defense Attorney John MacDonald reposts an article from the Providence Journal regarding the arrest of 17 suspects in connection with a child pornography ring in RI after a statewide sweep across the Internet. The full article follows below.

17 arrested in child porn raids

August 19, 2010
By Katie Mulvaney
Journal Staff Writer


PROVIDENCE, R.I. — Seventeen Rhode Islanders, including a co-owner of a popular reptile store and a city maintenance manager, face charges of possession of child pornography after state, federal and local law-enforcement agencies executed search warrants across the state early Wednesday.

“Today’s sweep ... had one objective: to protect children,” U.S. Attorney Peter Neronha said at an afternoon news conference.

The arrests came after an undercover online investigation by a state police task force aimed at fighting Internet crimes against children, in conjunction with state and federal prosecutors.

Dubbed Operation Safe Child, the months-long probe identified 20 Rhode Island residences involved in actively obtaining and sharing pornographic images involving children, according to the state police.

The state police targeted the users exchanging the highest volume of child pornography using a software program that searched peer-to-peer, or file-sharing, networks, Attorney General Patrick C. Lynch said. Investigators then secured downloads, often of images involving young children and even infants, from the suspects by persuading them over the Internet to share a pornographic file, according to the state police.

The police got search warrants for the residences based on the downloads and retrieved thousands of photographs and videos featuring child pornography. More than 70 authorities executed the warrants Wednesday morning.

“These images are so vile and disgusting,” Lynch said at a news conference late Wednesday.

It appears at this point that no Rhode Island children were featured in the images, state police Col. Brendan P. Doherty said. But investigators will continue looking at pursuing possible child-pornography manufacturing and trafficking charges, said Bruce Foucart, special agent in charge of the Immigration and Customs Enforcement’s Boston office.

Neronha noted that the detectives had to view very disturbing images in the course of the investigation. “It takes a toll on police and prosecutors to work this,” he said.

Those facing a charge of possession of child pornography include Shawn Fay, 39, of 1023 Danielson Pike, North Scituate, a co-owner of Regal Reptiles in Providence and Little League coach, and Miguel Escobedo, 38, a maintenance manager for the City of Providence, state police Capt. David Neill said.

Two juveniles were also arrested.

Kyle Martin, 22, of 31 Willis Drive, Cumberland, was charged with possession of steroids and does not face a child-pornography charge.

With the exception of Girard Proux, 43, of 522 York Ave., Pawtucket, all of the adults arrested were released on $5,000 personal recognizance after arraignment or appearances before a bail commissioner. Proux was released on $5,000 bail with surety.

The state police Internet Crimes Against Children task force is funded by a U.S. Department of Justice grant. It’s made up of state police detectives as well as detectives from the Providence, West Warwick and Coventry police departments and an ICE agent. Other agencies to participate in Wednesday’s raids were ICE, the U.S. Marshals Service, the Naval Criminal Investigative Services, and probation and parole officials. Child protective services workers from the state Department of Children, Youth and Families and the Children’s Advocacy Center also assisted.

CHILD PORNOGRAPHY RAIDS
Arrested in Operation Safe Child

Michael Wallace, 24, of 24 Marion Ave., Pascoag

Alan Alarcon, 18, of 75 Commodore St., Providence

Robert MacGregor, 48, of 522 York Ave., Unit 3, Pawtucket

Girard Proux, 43, of 522 York Ave., Unit 3, Pawtucket

George Dubuque III, 21, of 3521 Post Rd., Wakefield

Jeffrey Earl, 22, of 364 Curtis Corner Rd., Unit B25, Peace Dale

Paul Hutchinson, 27, of 21 Allen Ave., Barrington

Joshua Page, 18, of 8 Swinburne St., Jamestown

Kyle Bannister, 19, 142 Kenyon Hill Trail, Richmond

Michael Woodard, 19, of 127 Murray Ave., North Kingstown

Jason Biondi, 35, of 84 Fales St., Apt. 206, Central Falls

Jason Demelo, 33, of 24 Delaware Ave., Warwick

Cory Bergeron, 19, of 10 Clark Mill Rd., Coventry

Shawn Fay, 39, of 1023 Danielson Pike, North Scituate

Miguel Escobedo, 38, of 208 Early St., Providence

Two 17-year-old juveniles, of Pascoag and West Warwick, not named because of their age

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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.

To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.

URI Rape Trial Comes to a Close

Via the Associated Press article below, RI Criminal Defense Lawyer John MacDonald notes the outcome of a high-profile sexual assault case that was decided by a jury last week.

2 URI students acquitted of sexual assault

The Associated Press
July 29, 2010, 3:49PM

SOUTH KINGSTOWN, R.I. — Two former University of Rhode Island students have been found not guilty of raping another student in a campus dorm almost two years ago.

The jury returned its verdict Thursday after about an hour and half of deliberations.

Jurors rejected the prosecution's case that Yaw Peprah (yah pep-RAH') of Lincoln and Estifanos Gizaw (eh-stuh-FAHN'-ohs GEE'-zaw) of Houston, Texas, had used "force and coercion" to rape a freshman student after a party involving alcohol and marijuana.

Peprah's lawyer suggested in closing arguments that the woman who accused the men did so because of embarrassment over having sex with them at the party. Attorney Roy Fowler said she did not call for help or attempt to leave the dorm suite.

Fowler had said earlier that a university judicial board cleared the men.



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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.

To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.

URI Rape Case Defendant Testifies He Had Consentual Sex

Sexual assault in RI is characterized by the act of engaging in any sexual penetration using coercion or force, or if the victim is determined to be mentally disabled, physically helpless, or mentally incapacitated and the accused is aware of that fact. There are varying degrees of this charge, however they all carry with them a serious felony conviction if you are found guilty as a defendant.

The following article from the Providence Journal regarding a URI student who has claimed she was raped by another student is pertinent as a sexual assault matter.

Defendant in Sexual Assault Case Testifies that Woman Agreed to Sex

01:00 AM EDT on Wednesday, July 28, 2010

By Michael P. McKinney

Journal Staff Writer

SOUTH KINGSTOWN — Yaw Peprah, one of two University of Rhode Island students on trial for alleged sexual assaults of a woman in a dorm, testified Tuesday that he asked twice that night if she wanted to have sex and that she indicated she did.

The testimony contradicted that of the woman who accuses Peprah and Estifanos Gizaw of separate sexual assaults between midnight and 2 a.m. on Sept. 14, 2008.

Peprah said that the night of Sept. 13 he met her at the party in the Wiley Hall dormitory and they engaged in small talk. And they talked about a difficult math class he was taking, said Peprah, of Lincoln, an engineering student at URI.

The woman, he said, brought marijuana to the dorm suite and she and a few others, including Peprah, went outside the dormitory to smoke a joint she had rolled. The woman said Peprah could take in some smoke by kissing her after she inhaled, Peprah testified, and he said he kissed her.

The group got calzones to take back to eat in the dorm suite. Under questioning by defense lawyer Roy Fowler, Peprah testified he and the woman “were kissing and touching” on an elevator to the third floor and in the dorm suite’s common room. Peprah testified he asked if she wanted to have sex, and she said that was OK.

Eventually, Peprah went into the bedroom with the woman and, he said, they sat on the bed, talking, kissing and touching. He said he asked again if she wanted to have sex and she indicated she did.

Fowler, Peprah’s lawyer, asked if another defense witness, Oluwadamilola Adewale, who goes by Henry, had said anything to Peprah that night and whether Peprah did anything as a result.

“It came to mind I should ask” the woman “a couple of times if it’s OK to have sex,” Peprah said. What Adewale told Peprah was not brought out before the jury.

Peprah said he and the woman took their clothes off, and she asked if he had a condom. He put on clothes and got a condom from Gizaw in the hallway and returned to the room, but the condom broke. The woman said a friend had given her a condom, Peprah testified, and he got it from her bag.

The woman said she was OK when, at one point, two other women knocked at the door and came in to see how she was doing, Peprah testified.

The Journal does not identify people who authorities say were victims of sexual assault.

mmckinne@projo.com
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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.

To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.

Sexual Offenses and Sex Offender Laws in RI

Sex crimes have existed from our earliest history

Because of this, it is unclear why so little time has been spent in researching these crimes from the perspective of the offenders, rather than the victims themselves. Although there are some known facts surrounding sexual assaults, many of these cases go unreported, or unresolved at best.

Some of the facts surrounding sexual assaults include:

• almost 3/4 of the victims are under 18, with more than half of them under the age of 12
• children usually know their attacker
• in the age group of 18 to 29 years old, over two thirds already knew their attacker from a previous relationship
• offenders tend to be white males in their early 30's

In RI, according to the guidelines passed under Megan's Law, sex offenders are required to register their name, identifying factors, any anticipated residences, offense history, and any documentation of treatment with the Department of Attorney General Bureau of Criminal Investigation in conjunction with the RI State Police, for as long as they plan to be a resident of Rhode Island.

This law covers anyone who has been "convicted of a criminal offense against a victim who is a minor or a sexually violent predator; has been determined to be a sexually violent predator; has committed an aggravated offense; or is a recidivist," either in Rhode Island or elsewhere for 10 years following release from incarceration, parole, probation or supervised release. Specific rules and guidelines apply to each instance and case.

While there is no 'type' for those who are inclined to rape, certain personality traits seem to be prevalent, such as being easily angered, vindictive, and sexually sadistic. Sexual crimes are among the most complicated and difficult crimes to defend. If you or your loved ones find yourself in the unfortunate situation of having to defend yourself against allegations of sexual misconduct or assault, seek legal counsel immediately.

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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.

To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.