Attorney General Peter F. Kilmartin announced that Superior Court Justice Stephen P. Nugent today sentenced Andre Marizan (age 25), with a last known address of 225 Norwood Avenue, Cranston, to 40 years, with 25 years to serve and the remainder suspended with probation, for first degree sexual assault. In addition, Justice Nugent ordered Marizan to have no contact with the victim, undergo sex offender counseling and comply with the sex offender registration and notification requirements upon release. Marizan was found guilty by a jury on January 23, 2015 after a four-day trial.
The State proved that on August 18, 2012, the defendant sexually assaulted the victim when she was physically helpless and mentally incapacitated. Earlier in the evening, the defendant and victim, who had known each other for several years, were at a friend's house where they consumed alcohol and smoked marijuana for several hours.
The victim passed out in a bedroom. She awoke in the morning to notice she was partially clothed and the defendant lying next to her. She also noticed what she believed to be semen on her body.
The victim left the apartment and went to Women & Infants hospital where a sexual assault kit was performed. The victim reported the sexual assault to the Providence Police.
The sexual assault kit was sent to the Rhode Island Department of Health for analysis, which proved the defendant's DNA was a match to the DNA from the sexual assault kit.
"Despite the trauma of being sexually abused, by going to the hospital for a rape kit and reporting the assault to the police, this young woman courageously took the steps that eventually led to her abuser being found guilty," said Attorney General Peter Kilmartin. "April is Sexual Assault Awareness Month, a time to raise public awareness about sexual violence and to educate communities on how to prevent it. This year's theme reminds us that everyone can play a role in stopping sexual assault and that we must work together to educate our community about sexual violence prevention, supporting survivors and speaking out against harmful attitudes and actions. When we all play a role we can prevent sexual violence."
Providence Police Detective Bill Corrigan led the investigation. Special Assistant Attorney General Kimberly Ahern prosecuted the case on behalf of the Office of Attorney General.