Sexual Assault in Rhode Island

There are many different types and laws regarding sexual assault in Rhode Island

A charge of first degree sexual assault is the act of engaging in sexual penetration using force or coercion, or if the victim is deemed to be physically helpless, or mentally disabled or incapacitated and the accused is aware of that fact. Sexual assault in the first degree is the legal term for rape under Rhode Island's criminal laws & statutes.

A charge of second degree sexual assault is the act of engaging in sexual contact using force or coercion, or if the victim is deemed to be physically helpless, or mentally disabled or incapacitated and the accused is aware of that fact.

A charge of third degree sexual assault is the act of engaging in sexual penetration with a victim over the age of 14, and under the age of 16 (the age of consent). No coercion or force is necessary. Also commonly know as statutory rape.

A charge of first degree child molestation sexual assault is the act of engaging in sexual penetration with a victim under age of 14.

A charge of second degree child molestation sexual assault is the act of engaging in sexual contact with a victim under age of 14

As you can see the type of Sexual Assault differs based on if penetration was involved and the age of the victim

Sexual Assault, first degree - The penalty for first degree sexual assault is a minimum of 10 years in prison, up to life in prison.

Sexual Assault, second degree - The penalty for second degree sexual assault in Rhode Island is a minimum of 3 years in prison and a maximum or 15 years.

Sexual Assault, third degree - The penalty for third degree sexual assault in Rhode Island is a maximum of 5 years in prison.

Assault with intent to commit sexual assault in the first degree is punishable with a minimum of 3 years in prison and a maximum or 15 years.

Sexual Assault, Child Molestation first degree - The penalty for first degree child molestation sexual assault is a minimum of 25 years to life in prison.

Sexual Assault, Child Molestation second degree - The penalty for first degree child molestation sexual assault is a minimum of 6 years to 30 years in prison.

Failure to Report a Sexual Assault - The penalty for failing to report a sexual assault in your presence that you are aware of is a misdemeanor charge, with up to one year in jail and a $500 fine.

Different types of Sexual Assaults results in Different punishments for the offender

Also noted is the doubling of jail time/fines if the offender is found guilty of Sexual Assault again.

More Information can be found here

http://www.ridrunkdrivingdefense.com/RI-sexual-assault.htm

One of the more recent sexual assault incidents occurred 4-5 months ago at Rhode Island Hospital

The story goes as follows

PROVIDENCE, R.I. (WPRI) -- A nursing assistant from Rhode Island Hospital has had his license suspended following some shocking allegations.

Nathaniel Rodruigues is accused of sexually assaulting a female patient at RIH back in September. His nursing assistant license has been suspended indefinitely. Eyewitness News obtained a copy of his summary suspension from the Department of Health, which reads in part:

"...the Director of Health has determined that the continuation of the license of Nathaniel Rodruigues as a nursing assistant constitutes and imminent threat to the health, welfare and safety of the public and imperatively requires emergency action. Accordingly, the nursing assistant license of Nathaniel Rodruigues is hereby suspended..."

Rhode Island Hospital tells Eyewitness News Rodruigues' last day with them was October 3.

Department of Health documents show Rodruigues can request a hearing on his license. It is not known if he's taken any action thus far.

http://www.wpri.com/dpp/news/local_news/providence/nursing-asst-accused-of-sexual-assault

and here's a video going into further detail about the incident

http://www.youtube.com/watch?v=ZFGvIZh0pps

Fight Victim's Father Believes Assault Was a Hate Crime

Joe Stephens Sr., the father of the victim in Thursday's after-school fight at Mt. Hope High School, plans to get even with the assailant, but not with violence.

Stephens says he has been in contact with Bristol Police and Rhode Island State Police officers all day, and is disgusted that the boy who put his son in the hospital was only charged with assault.

"He got beat up because of the music he listens to," he said. "To me, that is a hate crime."

Stephens says officers told him that his son was hit once, but after seeing his son's injuries, he thinks there is more to the story.

"He has loose teeth, cuts on his face and was a complete mess when I first saw him," he said. "There's an abrasion on his neck and a huge bump that takes up his chin. It's not possible for all of those injuries to come from one punch and falling to the ground."

Stephens says he plans to make a trip to the District Attorney's office on Monday to discuss his options.

"We're definitely pursuing this," he said.

A half-hour before school let out, more than five police cruisers and undercover police officers were parked and patrolling the area around Mt. Hope High School. Stephens and his 19-year-old son, Mason, were there at the same time for a special meeting with Principal Donald Rebello to discuss what to do next. Stephens said the heightened security at the school startled him.

"Officers gave my son dirty looks because he was wearing an Insane Clown Posse sweatshirt," he said. "I asked them why they were staring at us, and one officer told me to keep my tone and voice down."

Stephens said he was escorted by not one, but three police officers, into the building and into the meeting with Rebello.

"I just kept thinking, I'm not the criminal," he said. "I have seven children and not one of them have a criminal record."

As for retaliation in school, Stephens says he hopes that his son's friends stay out of it.

"Things like this just make us look bad, but we're not the bad ones here," Stephens said. "We're originally from Fall River and my kids went to Durfee and they never experienced anything like this. We left Fall River to get away from this crap."

Stephens said to the best of his knowledge, his son will not be punished by the school for the fight. His son, who is a freshman at the high school, is home recovering with his family.

http://bristol-warren.patch.com/articles/fight-victim-s-father-to-pursue-charges-as-hate-crime

I'm doubtful of the fight being a hate crime. Beating someone up because they listen to a different style of music really isn't a hate crime and I don't believe it was solely just for the type of music Stephens Jr. was listening to. Kids just don't beat up other kids for the type of music they listen to. Maybe bully, but not cause serious injury. I'm not sure Stephens Sr. was in the right by allowing his son to attend the meeting in his "Insane Clown Posse" sweatshirt. I feel like that is just rubbing it in. I also don't believe Stephens was the victim of just 1 punch since he had multiple injuries everywhere on his face. There is way more to the story than anyone is willing to tell. As for the future, not much can be done beyond suspension unless they want to enforce a new dress code and completely ban music players altogether which probably won't be worth the effort.