Navy Officer’s Sexual Assault Allegation in Newport RI

Criminal Charge:

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

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

City, State, County and Court:

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

Case Overview:

A Navy Officer stationed in California attended a short course at the Newport Naval Base. While in town, she booked a massage with a local massage spa. She selected the spa based on its favorable online reviews. During the massage service, she alleged that the male masseuse penetrated her vagina with his finger. She terminated the massage, got dressed, left the premises, and made three calls: first to her husband, second to a friend for a ride back to base, and third to police. Based on her allegation alone, the man was arrested and indicted on First Degree Sexual Assault in Rhode Island Superior Court. He and his family retained Rhode Island Sexual Assault Defense Lawyer, John L. Calcagni III, to defend him in this matter.

Case Result: Not Guilty After Jury Trial

The man turned down the State’s heavy jail offer and exercised his right to trial. Attorney Calcagni aggressively cross-examined the complainant about her Navy service, self-defense training while attending the Naval Academy, her extensive body building hobby and accomplishments, the fact that she made her first call to her husband opposed to police, and her decision to take off all her clothes for massage except for a thong, after being asked by the man to undress to her level of comfort. Attorney Calcagni also revealed for the jury that his client was the 7th man in the woman’s lifetime who she had accused of sexual assault, and how ironic it was that the woman claimed she feared getting a massage because she believed, beforehand, that she would be sexually assaulted. Lastly, Attorney Calcagni confronted the woman with statements in her counseling records whereby she told a counselor in confidence that following her massage experience in this case, she felt guilty as though she had cheated on her husband. Following a compelling closing argument on the man’s behalf, the jury returned a quick verdict of not guilty.