In the State of Rhode Island, a criminal sexual act involves non-consenting physical intimacy with another person. Typically, this involves forced penetration or otherwise unwanted sexual touching. As a U.S. citizen, you are innocent until proven guilty in a court of law. Therefore, the state must prove each element of the crime in order to convict you. Due to the sensitive nature of these types of allegations, know that, if you are convicted, the punishments associated with these charges will be very severe. In this article, we will discuss some of the penalties and consequences associated with the conviction of a sex crime.
Common Sex Crime Charges
The term sex crime embodies a wide range of criminalized acts. In Rhode Island, sexual assault laws explicitly prohibit acts of unwanted intimate contact. Those found in violation of these laws will face severe punishment. But what exactly is a sex crime?
A sex crime typically involves forced physical contact on a non-consenting individual. Communication is key when engaging in sexual activity. Refusing to acknowledge when someone does not want to engage in sex or sexual touching is a breach of consent.
However, there are also instances where the individual in question is unable to provide consent when engaging in a sexual act. Examples of people who cannot provide informed consent include children, overly intoxicated persons, and individuals lacking the mental or physical abilities.
Some examples of common sex crimes in Rhode Island include:
- Rape, including date rape and statutory rape
- Sexual assault
- Child molestation
- Child pornography
- Solicitation for prostitution
Oftentimes, in cases of rape or sexual assault, the only evidence available boils down to the testimony of the accused and the accuser. Therefore, it is the task of the court to properly investigate whether or not there is merit to the allegations being made. Unfortunately, we live in a world where rape and sexual assault occur on a daily basis as well as false accusations. If you have been falsely accused, working with a sex crime attorney can greatly benefit you. One of the strategies experienced attorneys use in cases like these is to build a case revealing why the accuser may have strong motivations for making a false claim.
Penalties for Sex Crimes in Rhode Island
If you are convicted of a sex crime, meaning you are found guilty of the crimes you have been accused of, the penalties you will endure will be severe. These penalties vary greatly depending on the type of sex crime committed. If you are found guilty of first-degree sexual assault, you will face a mandatory sentence of at least 10 years in prison. That is the minimum sentence. A crime of this degree is punishable for up to life spent in prison. It is highly recommended that in cases with charges this severe, you hire the best attorney possible. False accusation or not, you need to be properly defended when you appear in court to ensure your right to a fair and just trial. In cases where the accused is found guilty of non-penetrative sexual assault, the time spent in prison associated with these charges ranges from 3 to 20 years.
Penalties for sex crimes involving children are typically more severe. In cases involving sexual penetration with a child under 14 years of age, the offender will be convicted of first-degree child molestation and spend 25 years to life in prison. If the child is over the age of 14, they will be charged with second-degree child molestation and can expect to spend 6 to 30 years in prison.
Additionally, if you have been convicted of a sex crime, the state of Rhode Island requires you to register as a sex offender once your conviction and prison sentences have been completed. Offenders are then classified based on their risk to re-offend. The Rhode Island State Police are responsible for monitoring all sex offenders that reside in the local community.
Protecting the Rights of the Accused
Regardless of the crime, the US Constitution guarantees all citizens the right to a fair trial under the Sixth Amendment. False accusations happen and the consequences of a false accusation can follow you for the rest of your life. Without strong legal defense, you may be unjustly charged with a sex crime and have to endure severe penalties such as lengthy imprisonment, sex offender counseling, and sex offender registration. If you or someone you know is being accused of a sex crime in the State of Rhode Island, an experienced lawyer like Attorney Brett. V Beaubien can help you fight the charges and prove your innocence.