In order to track hate crimes, the State has also set up a reporting system so that incidents alleged are centrally recorded. ⁸⁰ All police departments within the state are required to have training on identifying, responding to and reporting hate crimes, ⁸¹ and must report monthly the occurrence of such crimes to the state police, who must maintain a permanent record of the offenses, categorized by community of occurrence, type of offense, and target. ⁸²

Begin by contacting the local police. Police officers do not actually charge people with hate crimes, but will need to provide the prosecutor with evidence that the crime was motivated by bias, so be sure to explain all of the factors that make you think this was a hate crime.  You may

also contact the criminal division of the Attorney General’s office at (401) 274-4400. 

For support and advocacy, contact:  GLBT Victim Assistance, (401) 781-3990; Day One, Sexual Assault and Trauma Resource of Rhode Island, (401) 421-4100 or (800) 494-8100; or GLBT Helpline of Rhode Island, (401) 751-3322.

An injunction under this provision does not prevent you, depending on the circumstances, from seeking monetary damages for harms you experienced from the crime committed against you.

Most people arrested for sexual activity are arrested for activity occurring out of doors.  The disorderly conduct law is a misdemeanor and forbids (a) intentional, knowing or reckless (b) exposure of the genitals to the view of others (c) under circumstances where the person’s conduct is likely to cause affront, distress or alarm to other persons. ⁸⁵

Note that the offense has several elements.  First, the exposure must be intentional, knowing or reckless in the mind of the perpetrator.  Second, it must occur in circumstances where another person would likely be alarmed or distressed.  Thus, the law should not be applied to consensual sexual activity. 

This law has been applied to people having sexual encounters in “public.” Bear in mind that sexual activity involving exposure of the genitals should not be illegal simply because it takes place outdoors, in parked cars, or on public lands.  Instead, a great deal depends on the time of day, the level of seclusion (e.g., behind remote bushes or beyond fences) and the overall circumstances.

The State has a legitimate law enforcement interest in protecting the general public from open displays of sex—whether the sex is between people of the same sex or of a different sex.  But socializing and expressions of same-sex affection that does not involve the touching of genitals or buttocks or exposure of those is not illegal, regardless of where it occurs.  No one should be arrested or hassled for hand-holding, cruising, talking, flirting, foot-tapping, or non-sexual touching.

As a practical matter, regardless of one’s rights, having sex outdoors is risky business.  For one, based on numerous reports to us, we believe that some police will overlook sexual activity of non-gay people occurring outdoors, but arrest gay people engaged in sexual activity in the same types of venues.  Another concern is that some police “hunt” for gay people having sex outdoors in park lands and rest areas—sometimes in uniform and sometimes as undercover decoys.  Either way, a person can be charged with the disorderly conduct law and have the report of his or her arrest printed in the local newspaper.

Information in the registry can be freely shared with law enforcement agencies, but is generally not made available to the public. ⁸⁸ When dealing with an offender who is determined to have a moderate or high risk for re-offense, the community must be notified affirmatively and identifying information about the offender will be made available on the websites of the state police and court system, although there is a legal procedure whereby the offender can seek to block release of the information. ⁸⁹

Police may, of course, approach a person, and make inquiries.  If an officer has “reasonable suspicion” that a crime has been committed or is about to be committed, he or she may briefly detain an individual, or stop the person for purposes of investigation. ⁹²

Police sometimes detain a person whom they believe has committed or is about to commit a crime.  If the person is not charged with a crime, he or she must be released after two hours. ⁹³

Complaints concerning the State Police in Rhode Island should be made to the Rhode Island State Police Office of Professional Standards, which you can contact at in writing at 311 Danielson Pike, North Scituate, RI 02857, or by phone at (401) 444-1004.  Citizen complaint forms are also available on the State Police website at http://www.risp.state.ri.us/docs/PSU/PSUCitizenComplaintFormEnglish.pdf.  Complaints should include as much information as possible about the incident, including your name and contact information; the name, rank and badge number (if known) of the officer; the location, date, time and details of the incident; and the names and contact information of any witnesses.  Please let GLAD know whenever you make a complaint so that we can track the responsiveness of the various police departments.

In some cases, an individual may decide to pursue a lawsuit—because of injuries, improper detainment, or for some other reason.  These matters are highly specialized, and GLAD can make attorney referrals. People can also attempt to seek help from the Attorney General’s Office, Criminal Division at (401) 274-4400.