RI high court throws out rape conviction
Published: October 30, 2009
PROVIDENCE—Rhode Island’s highest court has overturned the sexual assault conviction of a man found guilty of raping a social worker he met in an online chat room.
Shane Gaspar was convicted at a second trial in 2006 of five counts of first-degree sexual assault and sentenced to 25 years in prison. The first trial ended in a mistrial after the jury deadlocked.
The Supreme Court said in its opinion Friday that the trial judge erred by allowing testimony from a woman who had previously had a consensual sexual relationship with Gaspar. The court said that testimony risked confusing the jury and vacated the guilty verdicts, ordering a new trial.
A spokesman for the attorney general’s office says prosecutors plan to go back in court for a third trial.
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The US Justice Departments own figures state 13% of all inmates currently incarcerated for all crimes are wrongfully convicted. Project innocence puts that figure up around 23%. I suspect it’s somewhere in the middle.
The Canadian ministry of justice recently sponsored a study and found 58% of certain types of sexual assault charges filed were wrongfully accused. Of that group there was a 94% conviction rate.
When accused of an offense of this nature, how does one defend themselves without a solid alibi?
Are you as a juror going to presume the defendant as innocent as they’re led in in shackles.
How many plead guilty to a lesser charge to avoid the embarrassment to themselves and their families? Not to mention the $50,000.00 or so it costs for a decent defense lawyer. I would bet its higher than 13%.
This man is very lucky he even got a hearing.
I knew Shane many years ago and I couldn’t believe it when I first heard about his legal troubles. I knew that he couldn’t have done what he was being accused of. I am so glad that he is getting another chance to prove his innocence. Shane, you are in my prayers. Never forget Michey D’s.
I am very close to this case, and I have done a lot of research over the years on this. This is the story of a man wrongly convicted. He has spent almost 4 years in prison for something he did not do. Before believing everything you read, stop and think of how many people are sitting in prison unjustly and unfairly. Mr. Gaspar is one of them.
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