Smithfield RI Second Degree Child Molestation Amended
Criminal Charges:
A man was indicted in Providence County Rhode Island Superior Court for:
- Second Degree Child Molestation Sexual Assault, in violation of RIGL § 11-37-8.3
Case Overview:
A man was indicted with Second Degree Child Molestation Sexual Assault based on the claims of his stepdaughter. The girl made allegations against him many years ago and then recanted. Because she recanted, he was not charged. Now a young adult and residing in California, far away from her mother and stepfather, who were happily married and living in Rhode Island, she re-raised the allegations. Authorities were hesitant to arrest the man but agreed to present the woman’s testimony to a grand jury. The man retained Rhode Island Sex Assault Defense Lawyer, John L. Calcagni III, to defend him in this matter.
Case Result: Amended to Felony Assault and Deferred Sentence for One Year
Attorney Calcagni prepared his client to appear before the grand jury where he testified in his own defense. His wife (the girl’s mother) also testified for him. Notwithstanding their efforts, the grand jury rejected the girl’s claim of First-Degree Child Molestation Sexual Assault, which involves some form of sexual penetration, but approved an indictment for Second Degree Child Molestation Sexual Assault based on her uncorroborated claims of sexual touching as a child. The man maintained his innocence and demanded a trial. This included initially rejecting the State’s offer to amend the charge to the non-sex offense of Felony Assault and accepting a suspended sentence with probation. After the passage of time and during the week before trial, the State improved its offer. Though still offering the amendment, the State agreed to recommend a deferred sentence, which calls for an acceptance of responsibility, but no imposition of punishment and does not result in a criminal conviction. Providing the man is not charged with a new offense during the deferment period, which in this case was only for 12 months, the matter would be eligible for expungement. After careful consideration, the man accepted this offer, an opted for the guarantees of no jail, no conviction, and a clean record, opposed to assuming the risk of potentially losing at trial.