Rape or First Degree Sexual Assault: Dismissed.
Police arrested a young man for rape based solely on the word of his sexual partner. The young man and woman met on social media. They corresponded and ultimately met in person. Their relationship was solely based on sex. They initially hooked up a couple of times per week for a couple of months, but then less frequently. They did not date, were not boyfriend and girlfriend and did no activities other than hook up.
One evening, the girl solicited the man for sex. He agreed. She picked him and his friend up from a bar where they had spent the night drinking. The three returned to the man’s house. The friend then left to afford them with privacy. The couple then engaged in sex. She performed oral sex on him, and then him on her. Their sex was also rough and included exchanging slaps and pulling hair. During vaginal sex, the man accidentally called the woman by the wrong name. After sex, he quickly passed out. The girl then got up to leave, causing him to wake up. He walked her out, said goodbye, and again called her by the wrong name. Within several hours, police returned to the man’s home and arrested him for rape based upon a complaint filed by the girl after she left.
The man hired Rhode Island Criminal Defense Lawyer, John L. Calcagni III, to defend him in this matter. Attorney Calcagni first represented the man in Rhode Island District Court at a bail hearing and successfully persuaded the Court to order the man’s release. From there, RI Sex Assault Attorney Calcagni continued to investigate the man’s allegations and complaining witness. He also persuaded prosecutors to invite the man to testify before a grand jury. Attorney Calcagni prepared the man for this event at which he successfully testified in his own defense. Based upon these collective efforts, the grand jury returned a “no true bill” by deciding not to indict the man in Superior Court. The underlying case and charge have since been dismissed and removed from the man’s record.