Facing allegations of domestic violence and sexual crimes is overwhelming. The legal system moves quickly, and before you even have time to process what’s happening, you could be facing severe restrictions on your freedom, relationships, and future.
In Rhode Island, domestic violence is not a separate crime—it’s a classification that applies when certain offenses occur within a domestic or intimate relationship.
So, if you’re accused of a sexual crime involving a spouse, partner, or family member, you may face charges for both sexual assault and domestic violence.
If you’re in this situation, you likely have urgent questions. What do these charges mean? How serious are they? What happens next? This guide will help you understand how Rhode Island law treats these cases, what to expect from the legal process, and the steps you must take now.
What Are Rhode Island’s Domestic Violence Laws?
Rhode Island doesn’t define domestic violence as a single criminal charge. Instead, it’s a broad category that applies when certain crimes are committed against someone with whom you share a domestic relationship.
Under Rhode Island General Laws § 12-29-2, a crime can be classified as domestic violence if it occurs between:
- Spouses or former spouses
- Dating partners (current or former)
- People who share a child
- Family or household members who live together or have lived together in the past
Common charges that fall under domestic violence laws include:
- Assault and battery
- Stalking or harassment
- Sexual assault (in some cases)
- Violations of protective orders
- Child abuse or neglect
If you’re charged under domestic violence statutes, your case may involve harsher penalties like mandatory counseling, no-contact orders, and long-term restrictions on firearm possession.
What Sexual Crimes Are Included Under Rhode Island Law?
Sexual crimes are legally distinct from domestic violence charges, though the two often overlap in domestic relationships. Rhode Island law covers a range of sex-related offenses, including:
- Sexual Assault (Rape) – Engaging in non-consensual sexual penetration by force, coercion, or when the victim is unable to consent
- Sexual Battery – Unwanted sexual contact without penetration
- Marital Rape – Rhode Island law doesn’t exempt spouses from being charged with sexual assault
- Sexual Coercion – Forcing or pressuring someone into sexual activity through threats, intimidation, or manipulation
- Child Sexual Abuse – Any sexual act or exploitation involving a minor
One key factor in many cases is consent. Rhode Island law defines lack of consent in several ways, including:
- Force or threats of harm
- Inability to consent due to intoxication, unconsciousness, disability, or age
- Authority coercion, where the accused is in a position of power over the alleged victim
If you’re accused of a sexual offense within a domestic relationship, you could be facing multiple charges with serious, life-changing consequences.
When Can a Sexual Crime Also Be Charged as Domestic Violence?
Not every sexual crime falls under domestic violence laws, but in cases where there is a domestic relationship between the parties, prosecutors may pursue both charges simultaneously.
For example, if someone is accused of sexually assaulting their spouse, partner, or co-parent, the case may include:
- A sexual assault charge under Rhode Island law
- A domestic violence classification, which could lead to enhanced penalties
- Restraining orders and mandatory counseling requirements
This can make the legal process more complex and increase the potential consequences. Convictions for sexual crimes in domestic settings often result in harsher penalties, including longer prison sentences and sex offender registration.
Understanding the severity of these charges is crucial—and so is securing an aggressive, dedicated Rhode Island criminal defense lawyer as soon as possible.
What Happens After a Domestic Violence Arrest or Accusation in Rhode Island?
The moment you are accused of domestic violence, sexual assault, or both, the Rhode Island legal process is set into motion. Here’s what you can expect:
- Arrest and Charges. If law enforcement believes there is probable cause, your arrest may occur immediately, even before an investigation is complete.
- Restraining Orders. A judge may issue a No Contact Order (NCO), which restricts any communication between you and the alleged victim.
- Investigation. Law enforcement may collect statements, forensic evidence, digital records, and medical reports to build their case.
- Court Proceedings. Depending on the charges, your case may proceed to trial, where evidence, testimony, and legal arguments will determine the outcome.
Because the stakes are extremely high, anyone facing allegations should refrain from speaking to law enforcement until they have legal counsel. Anything said can and will be used against you in court.
Defending Against Domestic Violence and Sexual Crime Allegations
Being accused doesn’t mean you are guilty—but how you respond matters. A strong defense can challenge the facts, credibility of evidence, and legal procedures surrounding the case.
Possible defenses include:
- False accusations – Proving that the allegations are motivated by personal, financial, or custody disputes
- Lack of evidence – Challenging whether the prosecution has enough credible evidence to prove guilt beyond a reasonable doubt
- Consent – Demonstrating that the encounter was mutual and consensual (where applicable)
- Mistaken identity – Showing that you weren’t the person involved in the alleged act
Protecting Your Future: Next Steps If You’re Facing Charges
If you have been accused of domestic violence, sexual assault, or both, time is not on your side. Here’s what you should do right now:
- Do not contact the accuser – Even if you want to “clear things up,” communication can be used against you
- Avoid discussing your case online – Social media posts and texts can become evidence
- Gather any relevant evidence – If you have messages, emails, or other proof that could support your defense, save them
- Consult an experienced criminal defense attorney – The sooner you have legal representation, the stronger your defense will be
At The Law Office of John E. MacDonald, I understand the gravity of these charges and how they can affect your freedom, reputation, and future. With 30+ years of experience successfully defending people in situations like this, count on my aggressive, strategic, and relentless approach to fighting your domestic violence and sexual crime charges.
Call me today at 401.421.1440 for your free case consultation. Time is of the essence—don’t leave your future to chance.
