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.

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.

Voyeurism Sexual Offense Needs a RI Criminal Defense Attorney

RI sexual assault involves more than just rape cases. Many individuals behave in a manner that could be categorized as sexual assaults of various levels without realizing that the activity may be criminal in nature.

It is always advisable to seek the professional advice of an experienced criminal defense attorney if you or someone you know has been charged with a sexual offense of any kind.

Criminal Defense Attorney MacDonald posts the following article as an example of behavior that is considered to violate the rights of another person sexually and therefore considered a sexual offense.

RI minister accused of voyeurism

Cops: minister made videos up women's skirts

September 9, 2010
Nancy Krause

PROVIDENCE, R.I. (WPRI) - As many as 50 women may have been the victim of an accused video voyeur, Providence police said.

Investigators arrested Miller Flambert, 49, on charges he used a pen-shaped video camera to record under the skirts of women without their knowledge or consent and then downloaded the images on his home computer.

Flambert, a self-described part-time Evangelical minister, was arraigned Tuesday on a felony count of video voyeurism.

According to Police Maj. Thomas Oates III, investigators were alerted about Flambert's alleged actions after an incident at a Walmart pharmacy on Silver Spring St. After further investigation, troopers seized memory cards and a computer from Flambert's North Providence apartment.

Oates tells The Providence Journal that police believe the man has recorded about 50 women at Rhode Island stores in the last six months.
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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.