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R.I. Supreme Court overturns sexual-assault conviction

3:43 PM Fri, Oct 30, 2009 |
Talia Buford    Email

PROVIDENCE, R.I. -- The Rhode Island Supreme Court Friday overturned the conviction of a man who the police said raped a social worker he met in an online chatroom.

Shane M. Gaspar will receive a new trial in Kent County Superior Court following the Supreme Court order, which found that the court prejudiced the jury by allowing the state to introduce testimony about previous relationships, admitting into evidence the alleged victim's heresay statements from an emergency room report and allowing the state medical examiner to offer an opinion about the age of bruising on the alleged victim without any basis for the opinion.

Gaspar and the woman had met at least twice prior to the alleged assault, which the police say occurred on Nov. 8, 2003, in West Warwick. The opinion said the woman testified that Gaspar made her engage in a "brutally violent sexual act that came as a complete surprise to her, whereas [Gaspar] recounted an evening of unorthodox, but consensual sexual activity.

Gaspar was charged with six counts of first-degree sexual assault, and found guilty of five of them. He was sentenced to serve 25 years of a 50-year sentence in 2006.

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