Trusted & Experienced Rhode Island Sexual Assault Defense Attorneys
Defending the Accused in Warren, Providence, Cranston, Newport, Bristol, Warwick, East Providence, Pawtucket, and Barrington, and all of Rhode Island
In our justice system, there are few crimes where the allegation alone is enough to destroy a family, a career, and a reputation. Unfortunately, for those charged with a sex crime in Rhode Island, these impacts can be immediate and long-lasting. If you or a loved one has been questioned, investigated, or charged with a sex crime, it is imperative that you contact our experienced Rhode Island sexual assault defense lawyer immediately.
Our Rhode Island sex crimes lawyer has the skill, experience, and resources to represent you or a loved one against sexual assault charges. When a conviction can result in a lengthy period of incarceration, mandatory registration as a sex offender in your community, and mandatory counseling, you need someone in your corner fighting for you.
Sexual Assault Defense Attorneys
One of the most harshly prosecuted crimes in Rhode Island is sexual assault and it is categorized based on the degree of severity. The degree you are charged with depends on a number of factors including the nature of the assault and the age of the victim.
In Rhode Island, a sexual assault is divided into 1st, 2nd, or 3rd degree:
- First-degree sexual assault or rape includes situations where the alleged perpetrator engages in sexual penetration with someone.
- Second-degree sexual assault includes situations where the alleged perpetrator engages in sexual contact with someone.
- Third-degree sexual assault is also known as statutory rape and occurs when an adult engages in sexual intercourse with someone between 14 and 16 years old.
Avoid a Conviction at All Costs Contact a Sex Crimes Defense Law Firm Today!
Our dedicated Rhode Island sexual assault defense attorney will take the time necessary to investigate your case, prepare a thorough defense and fight to protect your freedom. When your future is on the line, speak with our firm for the aggressive defense you need!
Contact us today.
Rhode Island First Degree Sexual Assault
If you have been charged with First Degree Sexual Assault in Rhode Island, you are facing an extremely serious felony that will be harshly prosecuted by the State. Whether you are being questioned, investigated, or indicted for a First-Degree Sex Assault, it is imperative that you contact an experienced Rhode Island sexual assault defense lawyer immediately. Early intervention from a qualified lawyer is essential if you intend to keep your career, reputation, and freedom.
Our Rhode Island sexual assault attorneys have the experience investigating, preparing, and defending clients against charges of First Degree Sex Assault. If you have been charged, it is imperative that you contact a qualified legal practitioner immediately.
What is First Degree Sexual Assault?
Commonly called rape, First Degree Sex Assault occurs in situations where the accused engages in sexual penetration of the mouth, vagina, or anus of another and one of the following four circumstances exist:
- The accused uses force or coercion
- The accused uses concealment or surprise to overtake the victim
- The accused knows the victim suffers from some type of mental or physical incapacity
- The accused engages in the medical treatment or examination of the victim for the purpose of sexual arousal, gratification, or stimulation
Due to the seriousness of these charges, First Degree Sexual Assault is one of the few crimes where your innocence does not matter. Unfortunately, the allegation of First Degree Sexual Assault alone is enough to derail your life. One misstep during the pretrial or trial process can result in lengthy incarceration and registration as a sex offender.
Penalties for First Degree Sexual Assault?
If you have been charged with First Degree Sex Assault, the penalties are severe and include imprisonment for ten (10) years to life, lifetime registration as a sex offender, and sex offender counseling.
These penalties can easily ruin your future, so start fighting your charges today by retaining a skilled Rhode Island sexual assault defense attorney from our firm. Our attorneys are available 24/7!
Call today for a free and confidential consultation.
Second-Degree Sexual Assault Defense Lawyer Serving all of Rhode Island
If you or a loved one have been accused of Second Degree Sexual Assault, do not fight these charges alone! Contact experienced and dedicated Rhode Island Sexual Assault lawyers. Our Rhode Island sex crimes attorney will build a defense to protect your reputation, career, and freedom.
We aggressively and skillfully defend clients against serious sex assault charges. We make ourselves available to clients 24/7 to provide the needed support and advice you need because we understand how difficult it is to face these types of accusations.
What is Second Degree Sexual Assault?
Second Degree Sex Assault is much broader than First Degree Sexual Assault and occurs when an individual has sexual contact with a person and one of the following circumstances exist:
- The victim is mentally incapacitated, mentally disturbed, or physically helpless
- The accused uses force, surprise, or coercion
- The accused examines or treats the victim medically, with the purpose of sexual arousal, gratification, or stimulation.
Sexual contact includes intentional touching of the victim’s clothed or unclothed intimate body parts, if it is intended to be for the purpose of sexual arousal, gratification, or assault.
Intimate body parts include the genital or anal areas, groin, inner thigh, or buttock of any person, or the breast of a female.
What are the penalties for Second Degree Sexual Assault?
A person found guilty of Second Degree Sexual Assault in Rhode Island will face serious consequences which include jail for not less than three (3) years and not more than fifteen (15) years, sex offender registration, and sex offender treatment.
Let our knowledgeable Rhode Island sexual assault lawyers fight these serious allegations from the beginning so that we can put together the strongest defense possible for your case.
Contact our Rhode Island sex crimes lawyer today for a free and confidential consultation.
Legal Defense for Third Degree Sexual Assault Charges
Fighting for the Accused with Offices in Warren and Providence, Rhode Island
If you have been arrested or charged with Third-Degree Sexual Assault, contact our skilled and experienced legal practitioner, who will craft a defense designed to help you protect your reputation and your freedom.
Our firm has the resources and the experience to defend you from accusations of sexual assault in the third degree. We understand how difficult it is to face sexual assault charges alone. Contact us today and let our knowledgeable Rhode Island sex crimes attorneys fight for you.
What is Third Degree Sexual Assault?
A Third-degree sexual assault charge is not uncommon in Rhode Island and is known as statutory rape. Third Degree Sexual Assault occurs when the accused is over the age of eighteen (18) and engages in sexual penetration with another person over the age of fourteen (14), but under the age of consent, which is sixteen (16) years old.
Sexual penetration includes means sexual intercourse, anal intercourse, and oral intercourse, or any other intrusion by any part of the accused’s body or by any object into the genital or anal openings of the victim’s body.
What are the penalties for Statutory Rape in Rhode Island?
Third Degree Sexual Assault charges often impact young adults and can result in life-altering consequences. A conviction can impact where you go to school, where you live, where you work, and even how you travel. A Third Degree Sexual Assault charge should not be taken lightly.
A person found guilty of Third Degree Sexual Assault in Rhode Island will face up to five (5) years in jail, sex offender registration, and sex offender counseling.
Don’t leave your defense to chance: call our Rhode Island sex crimes attorney today if you have been charged with statutory rape. Our team will provide you with a free and confidential consultation, where they will begin crafting your defense to these serious allegations.
DEFENSE AGAINST REVENGE PORN AND SEXTORTION CHARGES
If You Are The Victim Of Sextortion/Revenge Porn Please Reach Out To Your Local Police Station. If A Case Of Sextortion/Revenge Porn Is Being Brought Against You Please Contact Us.
If you or a loved one have been accused of sextortion or revenge porn in Rhode Island, call the experienced Rhode Island revenge porn and sextortion defense attorneys at Abilheira Law today. Our skilled sex crimes attorneys will help to protect your reputation and your record by fighting the charge of unauthorized dissemination of indecent materials.
What Is Revenge Pornography (Also Known As “Revenge Porn”)?
Revenge porn is the sharing of images or videos depicting adult nudity without the consent of the individual pictured.
What Is The Difference Between Revenge Porn And Sextortion?
Generally, the motive behind revenge porn and sextortion is different.
Revenge porn is usually distributed with intent of harming the depicted person or their reputation.
Sextortion applies where the distributor shares the image in order to threaten or blackmail the victim—usually into performing various sexual acts against his or her will or for monetary gains.
Is Revenge Porn Illegal?
Across the United States, 37 states have enacted legislation that criminalizes revenge porn. Of these states, 26 require proof of malicious intent and 5 states require proof that the distribution of the revenge porn actually caused harm to the individual pictured. The remaining states do not require specific proofs.
Has Rhode Island Criminalized Revenge Porn?
Yes, Rhode Island lawmakers passed a revenge porn bill “H7452/S2450” unanimously in April 2018. This bill was signed by the Governor and became law on June 4, 2018. This bill created Rhode Island General Laws §11-64-3 entitled “Unauthorized Dissemination of Indecent Materials.”
What Is Illegal Under Rhode Island General Laws §11-64-3?
Under Rhode Island law, a person is guilty of unauthorized dissemination of indecent materials if they intentionally disseminate, publish or sell “a visual image that depicts another identifiable person eighteen (18) years or older engaged in sexually explicit conduct or of the intimate areas of that person” without the consent of the person depicted in the visual image.
- A “visual image” can include photographs, films, videos, or digital images or recordings
- “Sexually explicit conduct” means actual:
- Sexual intercourse
- Sadistic or masochistic abuse
Additionally, the visual image must have been made, captured, recorded, or obtained under such circumstances in which a reasonable person would know or understand that the image was to remain private.
Additionally, the person disseminating the visual image must act with “knowledge or with reckless disregard for the likelihood that the depicted person will suffer harm, or with the intent to harass, intimidate, threaten or coerce the depicted person.” This harm can include:
- bodily injury
- emotional distress
- financial loss
- reputational injury
Under Rhode Island law, “sextortion” is also criminalized. A person is guilty of sextortion if they:
- Intentionally threaten to disclose any visual image described above and makes the threat to obtain a benefit in return for not making the disclosure or in connection with the threatened disclosure.
- Demand payment of money, property, services or anything else of value from a person in exchange for removing any visual image described above.
What Are The Penalties For Revenge Porn And Sextortion In Rhode Island?
In Rhode Island, a first offense “revenge porn” or unauthorized dissemination of indecent materials conviction is considered a misdemeanor and may result in up to one year in prison and/or a fine of up to $1,000.
However, subsequent offenses are considered felonies, with the maximum penalties of up to three years in prison and/or a fine of up to $3,000.00.
Sextortion in Rhode Island is considered a felony and may result in up to five years in prison and/or a fine of up to $5,000.
Why Did Rhode Island Pass H7452/S2450?
Rhode Island lawmakers passed the bill with belief that it will give law enforcement an important tool to protect Rhode Islanders from “attempts to hurt or intimidate . . . especially from vindictive lovers, by disseminating intimate or explicit photos.”
Why Is H7452/S2450 Controversial?
Many media organizations and civil liberties groups oppose the bill out of concern that it could be used for unnecessary censorship in violation of The First Amendment.
If you or someone you know are faced with a revenge porn charge in the State of Rhode Island, or if you would like to know more information about this new bill, contact our skilled Rhode Island revenge porn and sextortion defense attorneys at Abilheira Law today. Call us now (401)245-5100!
Our experienced legal team also handles other criminal charges cases, including:
- Driving under influence (DUI)
- Theft Crimes
- Domestic violence
- Assault and battery
- Disorderly conduct
- Sealing and expungement
- Drug offenses
- Post-conviction relief
- Traffic offenses
Don’t wait, call us today.
Get Our Rhode Island sex crimes lawyer on your side today! Don’t fight these serious charges alone. Let Abilheira Law, LLC be your bridge to justice.