First Degree Sexual Assault Case Dismissed in Providence RI
Criminal Charge:
Man charged in the Rhode Island District Court (6th Division) for:
- First Degree Sexual Assault, in violation of R.I.G.L. § 11-37-2
Case Overview:
Pawtucket Police received a report of sexual assault from a female nightclub promotor who claimed that a disc jockey (DJ) raped her while she was sleeping. The girl promoted for a local nightclub. After pregaming and working a full shift at the club, she elected to host an afterparty at her home. The girl spent all night drinking and using drugs, before, during and after work. Her afterparty was interrupted by police. At some point after the party, the girl retired to her bedroom. Several of the party attendees spent the night there after police dispersed the larger crowd. Among those who slept over were the girl’s best friend and the DJ, who she contracted to play at the club, and later hired to play the afterparty at her apartment. The three shared her bed. The next morning, the host learned that her best friend woke up and observed the DJ vaginally penetrating her in the bed. The host denied any knowledge, or recollection of having sexual intercourse with the DJ, or providing her consent to do the same. Based on the friend’s observations, the host called police, resulting in the man’s immediate arrest for First-Degree Sexual Assault. He was arrested without incident and initially held without bail in Rhode Island District Court. His family retained Rhode Island Sexual Assault Defense Lawyer, John L. Calcagni III, to defend him in this serious matter.
Case Result: Bail Granted and Case Dismissed.
The case proceeded to an evidentiary bail hearing. At the hearing, the host testified about her actions that night, to include the overindulgence in alcohol and drugs. Her friend also testified about the same, along with waking up the next morning to finding the DJ having sex with the complainant, who appeared to be asleep or unconscious, in the bed next to her. Attorney Calcagni vigorously cross-examined the friend’s account, highlighting her own intoxication, use of drugs, and being half awake when allegedly making these so-called observations of sexual intercourse. Attorney Calcagni also challenged the friend’s ability to see, and her actual knowledge of both vaginal penetration and host’s level of consciousness. Based on Attorney Calcagni’s efforts, along with his presentation of the client’s community ties, family, work history, and cooperation with police, he first persuaded to the Court to release the man on bail, and ultimately, convinced prosecutors to dismiss this case.