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 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.

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.

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.

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.