Roberts Law Group PLLC

North Carolina Criminal Defense Attorneys

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Probationer Accuses Probation Officer Of Sex Offenses

An employee of the North Carolina Department of Corrections has been reassigned to a desk job in Gaston County after one of his probationers accused him of sexual assault. According to the woman, her probation officer, David Francis, had arranged a meeting with her at his office. While there, the DOC probation officer sexually assaulted her.

The woman reported the alleged attack to the authorities who questioned Francis about what happened. After the discussion, Charlotte police moved forward with the accusations and filed charges against Francis.

He is facing a charge of second degree sex offense, sexual battery and sexual activity by a custodian.

In North Carolina, a second degree sex offense occurs when:

  • A person uses force to engage in sexual activity with another
  • A person engages in sexual activity with another against that person's will
  • A person who knows or should have known that his or her sexual partner was mentally disabled or physically helpless and engages in sex acts with that person anyway

A conviction for a second degree sex offense is punishable as a Class C felony. The presumptive sentencing range after conviction for this felony sex offense is 58-73 months in prison. The North Carolina sentencing guidelines require that this be an active sentence; probation is not allowed for a Class C felony.

Source: WCNC, "Probation officer charged with sex crimes," March 5, 2013

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