Missing Boston Teen Victim of Sex Trafficking

A missing Boston teenage girl was recently found employed as a dancer at a Providence, Rhode Island strip club. A second missing teen was also found when police discovered her at a man’s residence. The man was later arrested and charged with crimes related to the trafficking of both teenage girls.

An undercover operation led Providence police to arrest 51-year-old Troy Footman of Dorchester, RI and charge him with sex trafficking of a minor. Footman has been convicted of a long list of sex crimes including rape and running a prostitution ring.

To read more about this disturbing case of sex trafficking in Rhode Island, click on the following link:

http://www.turnto10.com/story/23040905/missing-teen-found-dancing-at-providence-strip-club----------------------------------------------------------------------------------
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 Case Results

October, 2012:  Client was charged with second degree child molestation.  

After an extensive investigation and negotiations with attorney general, the charge was amended to simple assault for probation.  

Client is spared a felony sex conviction and will not required to register as a sex offender.

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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 Accusations

The laws in the State of Rhode Island are very clear on sexual assault and what constitutes the various degrees of sexual assault. 

Unless you are an attorney however, you have no way of knowing how to deal with a sexual assault accusation.

It is vital that you hire an experienced criminal defense attorney if you have been accused or are being investigated for any kind of sexual assault. You may be tempted to try to handle the situation on your own, particularly if you're innocent of any wrong-doing.

There are several reasons why hiring an attorney first is the safest and most secure way to assure that you are dealt with fairly, and that the investigation is done properly without undue influence by the investigator. The main reason is that your attorney will be able to act as a liaison for you and law enforcement so that you don't say or do anything that could be taken in the wrong way.

Even people who are innocent of wrong-doing can make grave errors in judgment in such a stressful situation, and say things that could be taken out of context and used against them. Investigators are trained to recognize various facial expressions and speech inflections and may use anything you say against you at a later time.

If you are faced with having to listen to and respond to an investigator, listen quietly and tell them that you will need to talk to your attorney before you can answer any of their questions. If you do not already have an attorney, you need to contact one immediately.

RI Criminal Defense Attorney John E. MacDonald has extensive experience defending sexual assault cases of all kinds and can provide you with the highest quality legal representation.

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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.

3rd Degree Sexual Assault Case Result

Sexual Assault Case Results for Attorney John MacDonald

Criminal: 

November, 2012.  Client was charged with 3rd Degree Sexual Assault.  

This is the charge used when a consensual sexual encounter takes place between a 14 or 15 year old victim and the defendant is 18 or older. 

This charge requires sex offender registration for 15 years along with sex offender counseling.

Working with the Court and Attorney General, the charges were amended to a non-sex offense for a probationary period. 

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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.

First Degree Sexual Assault in RI Case Result

Sexual Assault Criminal Defense Results by John MacDonald

October 2012: 

Client charged with FIRST DEGREE SEXUAL ASSAULT by Warwick Police.

Complainant told police she never consented to sexual intercourse with client after a house party because she was passed out.

The attorney general’s office pursued an indictment based upon the complainant being physically helpless or mentally incapacitated and therefore could not consent.

After a 6-day jury trial and three days of deliberation, the jury voted NOT GUILTY.

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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 Convictions

Sexual Assault Convictions

While nearly all crimes may result in a mark on your record, being convicted of a sexual offense may come with particularly grievous consequences which may remain for the rest of your life.
 
Sex crimes are among the most serious offenses and carry mandatory sentences in many states. Sex crimes may not always include rape, and or molestation, however serious consequences may result even from careless verbal or written communication, or physical contact.
 
The definition of sexual assault may vary from state to state, but the term covers a series of universal offenses, and generally includes any assault of a sexual nature, such as touching or groping another individual without consent.

Sadly, one of the most common forms of sexual assault is perpetrated against children in the form of child molestation. Other forms of sexual assault include rape, incest, obscene phone calls or even unwanted online chat messages.

The key to defining sexual assault is the absence of consent.
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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.

What to Expect If You are Charged With a Sexual Assault Crime

Rhode Island Sexual Assault

Regardless of whether or not you have committed a crime, being arrested is a very stressful and unsettling experience. Being charged with a sex crime is even more unsettling, as there are several possible outcomes that will have a seriously detrimental affect on you for the rest of your life.

Sexual assault is defined differently depending upon the state in which the charges are brought.

Generally, it encompasses any assault on another individual that is of a sexual nature, and that is done without consent.

What constitutes a sex assault is determined by the laws of the jurisdiction where the crime takes place. These crimes can include child sexual abuse, rape, attempted rape, incest, exhibitionism, voyeurism, obscene phone calls, fondling, and sexual harassment. The absence of consent is what defines sexual activity as an assault.

A guilty verdict for any form of sexual assault may result in serious fines, registration as a sexual offender, and possibly lengthy prison sentences depending upon the seriousness of the crime.
Immediately after charges are brought forward law enforcement will arrest you. You will be read your rights and handcuffed. There are few exceptions to being handcuffed, not even for the disabled or elderly. You will be searched and have any unauthorized items confiscated and placed in a property vault. It is important to note that any illegal items found in your possession will most certainly add to the charges against you.

You will be transported to the county jail where you will then be fingerprinted, photographed, and examined by a medical practitioner if necessary. Once this is over, you will be issued a jumpsuit, footwear, and escorted to a holding cell.

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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.

Juvenile Behavior and Peer-to-Peer Sexual Assault

When are Teens Crossing the Line With Sex?

With society and the media pushing sexuality around every corner, from advertisements to commercials and television programming, it can be difficult as a teenager and pre-teen to understand and recognize where normal flirtatious behavior ends and sexual assault begins.

A very good rule of thumb and the main message that must be conveyed to all teens is learning that “No!,” Means No, and that saying “No”, is the best way to avoid further confrontations of any kind.

If you are more concerned with losing a friend than you are with protecting yourself from unwanted sexual attention, then you're not getting the right message.

That being said, there are some clear cut delineations that determine what age-appropriate sexual behavior looks and feels like, and what the courts and law enforcement consider a sexual assault.

Age appropriate sexual behavior for juveniles 8 to 12 year olds consists of:

• Occasional masturbation
• Show me yours/I'll show you mine with peers
• Kissing and flirting
• Genital or reproduction conversations with peers
• Dirty words or jokes with peer group*

Age appropriate sexual behavior for juveniles from ages 13 to 18 consists of:

• Sexually explicit conversations with peers
• Obscenities and jokes within the cultural norm
• Sexual innuendo and flirting
• Solitary masturbation
• Kissing, hugging, holding hands
• Foreplay with mutual informed consent and peer aged partner
• Sexual intercourse plus full range of sexual activity*

These behaviors become a cause for concern when they become in any way aggressive, or are one-sided, with the other party expressing discomfort or disinterest. Additionally, behaviors in children of these age groups that involves pornography, compulsive sexual behaviors, invasion of personal body space of peers, groping or unwanted fondling, sexually aggressive or explicit language or taunts and insults, sexual contact or aggression with those outside peer group or younger children, and any kind of forced sexual behavior.

If your teenager or pre-teen exhibits any of these behaviors, you need to seek professional counseling at once. It may not be that they themselves have been the ones assaulting others, they themselves may also be a victim of sexual abuse in some form if they are acting out in this way.

*Source for sexual behavior information at http://www.secasa.com.au/index.php/family/12/369/5


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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.

Defending Sexual Abuse Allegations

Why Boilerplate Criminal Defense Will Not Work in These Cases

Most criminal defense attorneys, and excellent ones at that, typically follow a standard set of guidelines when it comes to criminally defending clients. After being retained by the client, the attorney will request discovery from the state. Filing a Motion for Discovery grants them access to everything and anything the state has by way of evidence against their client.

An investigation by the attorney is conducted using private sources, interviewing witnesses, taking statements or other discovery related work in preparation for defending their client. Once the attorney has amassed the discovery, both from the state and their own investigations, some will read it at length, others will not, and depending upon the type of case they are representing, this practice is also common and acceptable.

During the next phase of traditional criminal defense preparation, there is a period of time where the attorney and client must wait for the trial to commence. The basic belief is that the longer the wait the better as witness memories tend to fade, cases grow weak, and new evidence may come to bear in light of a client's innocence. So this is again, a normal practice, and a situation where most criminal defense attorneys take some time just immediately prior to trial and prepare their case.

In the case of sexual abuse allegations however, the period between arrest and trial is one of the most dangerous for the client. Not only is there a potential for information to shift and change as in the traditional model of criminal defense, but there is a higher than normal risk that a child accuser can be coached into either adding or changing their claims, enhancing or supporting their initial allegations and/or lending further credibility to their story. Witnesses can still grow dim in their recollections with increased time between arrest and trial, however their testimony may be more important in proving the innocence of the client than in other types of criminal cases.

The differences between the emotional involvement of prosecutors, witnesses, alleged victims, law enforcement and social services in sexual abuse situations versus other kinds of criminal matters is substantial and definitely cause for concern. This is the main reason that hiring a criminal defense attorney who has significant experience in handling high profile cases and sexual assault matters is important as a defendant in one of these situations.

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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.

Sexual Assault Case to be Heard in RI Court

Criminal Attorney John MacDonald of Aggressive Legal Services found this article regarding the sexual assault of a female URI student on the Providence Journal website.

Trial involving Ethiopian student begins at Rhode Island court

SOUTH KINGSTOWN, RHODE ISLAND — A prosecutor on Tuesday described the alleged sexual assault of a female student by two University of Rhode Island students in a residence hall after a campus party in 2008 at the opening of their trial in Washington County Superior Court.

Yaw Peprah is accused of sexually assaulting the female “by force and coercion” on Sept. 14, 2008, in a bedroom in Wiley Hall. Estifanos Gizaw, a student from Ethiopia, is accused of coming into the room after Peprah left and forcing himself on her despite her repeatedly telling him no, said Assistant Attorney General Stephen A. Regine.

Regine said the assault occurred after a night that involved alcohol and marijuana and a campus party.

A jury of eight women and six men was selected Tuesday for the trial of Peprah, of Lincoln, and Gizaw, of Houston, Texas, each charged with first-degree sexual assault.

The defense is slated to make opening statements Wednesday. Peprah and Gazar pleaded not guilty to the charges in June 2009.

The woman, a freshman, and several people attended a campus party on the evening of Sept. 13, Regine said.

Regine said the woman and others around her drank alcohol and smoked marijuana that night. He emphasized to the jury that the woman was up front with authorities that she had been drinking and that she estimated having consumed several shots of vodka.

She had also been up front with Peprah, “continually” telling him that she “didn’t want to be with him” that early morning, according to Regine. When the assault allegedly happened, between midnight and 2 a.m. on Sept. 14, she told him repeatedly no. Stop, stop, stop, she said, according to Regine’s account for the jury.

But Peprah did not stop, Regine said.

As soon as Peprah left, Regine said, Gizaw entered the room and told the woman he wanted to have sex with her. “The evidence will show again that [Gizaw] overcame her will by force and coercion,” Regine said.

In December 2009, Marina Melillo, of North Belmore, N.Y., one of the people described Tuesday as attending the campus party, was indicted on first-degree sexual-assault charges in connection with the incident. The case involving her has not yet gone to trial. The Journal reported in December that Melillo was a URI student at the time of the incident, but had since withdrawn from the school.

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

– Michael P. McKinney, The Providence Journal


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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.

RI Charges Walter A. Potenza with Assault

In a recent Providence Journal article, Chef Walter A. Potenza was charged with a minor assault in relation to the complaint by a student of "kicking" her and "inappropriate" conduct on the part of the chef, who is also a teacher at the Providence Career and Technical Academy.

Even a minor assault in the State of Rhode Island requires the assistance of a reputable and reliable criminal defense attorney. The full article follows below.

R.I. News Digest: Well-known local chef accused of assault
June 16, 2010

Well-known local chef accused of assault

A popular chef and restaurant owner turned himself into the police Tuesday after a 16-year-old student at the Providence Career and Technical Academy accused him of kicking her in the behind during a culinary class.

Maj. Thomas Oates III said Walter Potenza, 56, kicked the student, Cassandra M. Torres, of Providence, on May 26, while they were in class. She told the police that after kicking her “for no reason,” Potenza followed up with what Oates called an “inappropriate sexual remark.”

Oates said the police were not informed of the alleged incident until June 9 when they began their investigation. Potenza was arraigned Monday on a single count of assault and was released on personal recognizance.

Potenza, who opened the Sunflower Café and La Locanda del Coccio restaurants in Providence in 1994, opened Chef Walter’s Aquaviva Eurobistro in 1999. In addition to having a cable TV show and running cooking schools in Italy and Providence, he runs Walter’s Ristorante d’Italia on Federal Hill.

A woman who answered the phone at the restaurant Tuesday evening said Potenza would have no comment.

The police say Torres told them that Potenza had conducted himself in a “very unprofessional way” over the past several months, and she wanted him removed from the school.

Providence School Department spokesman Kim Rose said Tuesday that as soon as the department heard about the allegations last week, Potenza was put on paid administrative leave from his post as a teacher at the school.

RICHARD C. DUJARDIN
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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.