Sexual Assault Charge Amended to Felony Assault in Providence RI

Criminal Charge:

Man charged in Rhode Island Superior Court (Providence County) for:

• First Degree Sexual Assault, in violation of R.I.G.L. § 11-37-2

City, State, County and Court:

Providence, Rhode Island, Providence County
Rhode Island Superior Court (Providence County)

Case Overview:

Rhode Island State Police initiated a sexual assault investigation following an allegation by a junior female enlisted Soldier against a senior Noncommissioned Officer in the Rhode Island Army National Guard. The female claimed that a Sergeant First Class forced her to perform oral sex on him, while the two were seated in the backseat of his automobile, parked behind a commercial building, during the duty day. The female’s claim, some five years after the alleged event, sparked a Command initiated administrative investigation that resulted in the man’s involuntary separation from military service. Her claim, once reported to police, also triggered a criminal investigation, that led to the man’s indictment for First Degree Sexual Assault. He and his family retained Rhode Island Sex Assault Criminal Defense Lawyer, John L. Calcagni III, to defend him in this serious matter.

Case Result: Amended to Felony Assault, with 6-Year Suspended Sentence

Attorney Calcagni’s first order of business was to secure his client’s release on bail, especially following the man’s full cooperation with the police investigation and voluntary appearance before the grand jury. The pretrial offer to resolve the case called for the man’s admission to the charged offense in exchange for a 25-year jail sentence. Attorney Calcagni and his client quickly rejected this offer and elected to proceed to trial. The Defense planned to assert a consent defense. In support, the Defense had extensive phone records and text messages exchanged between the two Soldiers, which showed a consensual, romantic relationship that violated military customs and regulations. Included in the exchanged messages were inappropriate nude and scantily clad images taken of and by the woman, which she sent to the Sergeant. The Defense also intended to highlight the 5-year delay in the woman’s report, along with the total lack of corroboration to support her sexual assault claim. Finally, the Defense intended to capitalize on the facts and circumstances surrounding the allegation – forced oral sex in the backseat of the man’s car, absent any claim or force, threat, or coercion. Within hours of jury selection, the State offered to resolve the case with an amendment of the pending First-Degree Sexual Assault charge, to the much less severe, non-sex offense of Felony Assault, with a recommended suspended jail sentence of 6 years with probation. After much deliberation, the former-Sergeant First Class elected to accept this offer and avoid the risk of a trial.