The defendant appealed a 12-year prison sentence, arguing that his sentence was excessive given that there was no evidence he used violent force or penile penetration. However, the court held that the defendant failed to show the sentence imposed on him by the trial court was excessive or that any serious disparity existed between his sentence and any other sentence imposed for similar convictions, citing the fact that the Supreme Court found he violated Rhode Island’s sexual assault statute even though he did not commit penile penetration or use violent force (“the type of penetration is unimportant under the sexual-assault statute . . . The fact that only digital penetration occurred does not lessen [the victim’s] fear and humiliation.”).
Jacques v. State