Ex-Newmarket firefighter indicted on new charges for sex assault of teen girl

NEWMARKET — A former firefighter is facing new criminal charges for allegedly sexually assaulting a disabled girl over several years.

Joshua Gilbert, 43, was indicted recently on six charges of aggravated felonious sexual assault. He was previously indicted in August 2021 on 18 counts of aggravated felonious sexual assault, but 12 of those charges were dropped in August 2022.

Rockingham County Attorney Patricia Conway stated in court documents the new indictments allege Gilbert assaulted the then-teenager when he was in a "position of authority" and used this authority to "coerce (the teen) to submit."

The dropped charges alleged that the young woman "had a disability that rendered her incapable of freely arriving at an independent choice as to whether or not to engage in sexual conduct."  It was revealed in May, according to court documents, that a state expert witness could not conclude she was incapable of consenting due to her disability alone.

Conway previously stated the female victim was between the ages of 15 and 19 at the time of the alleged assaults.

The six remaining indictments that were not dismissed alleged abuse when the girl was 13 years or older but under the age of 16.

Gilbert waived arraignment on the six new indictments on Sept. 27. An indictment is not an indication of guilt or innocence. It just means the grand jury found enough evidence to warrant a trial.

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Gilbert was arrested after teen's mom came forward

Stratham police arrested Gilbert on April 1, 2021.

The investigation into Gilbert began by Newmarket police on Jan. 16, 2021, after the mother of the person Gilbert is charged with sexually abusing reported the alleged crime against her disabled daughter. Stratham Police Chief Anthony King previously said his department took over the investigation at the request of Newmarket police.

Newmarket Town Manager Steve Fournier previously said the decision to transfer the investigation to Stratham police was to “make sure there was no appearance of any conflict of interest” because Gilbert worked for the town as a full-time firefighter. Gilbert, who was initially put on paid administrative leave after his arrest, is no longer employed by the town.

New details of alleged abuse revealed in court filings

The court affidavit detailing the complaints against Gilbert has been sealed. However, in subsequent filings, some details of the allegations have been made public.

Court records also show the teen first reported the abuse in June of 2014.

According to Conway, the woman filed a report with Newmarket police that a man named "Justin" had raped her but recanted the story.  When the young woman reported the abuse in 2021, she disclosed that the person she identified in 2014 was Gilbert and that he persuaded her to recant the allegations.

"He told the (her) to give police a different name as he would get in trouble, and no one would believe (her)," Conway stated in court documents.  "This is the reason why (she) recanted her original statement."

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Gilbert's trial set for May 2023

Gilbert, who has been out on bail, is being represented by Joseph Fricano, according to court documents. He has plead not guilty to the crimes.

His attorney filed several motions including a notice of possible defense that the relationship was consensual. He also filed motions to exclude the word "victim" in court and to have the ability to present evidence of the young woman's prior sexual activity.

A motion to suppress a phone conversation between the young woman's mom and Gilbert that was taped by police and could be viewed as an "involuntary confession" was also filed.  However, the motion was denied.

Gilbert is scheduled to go to trial in May. If convicted, Gilbert faces 10 to 20 years in prison on each count.

If you need help

As a community service, the following information is published with stories in which domestic and/or sexual violence is alleged, while making no judgment on the guilt or innocence of the accused: If you need support Haven has trained confidential advocates available. The free 24-hour hotline is (603) 994-SAFE (7233). Or to connect to Haven's confidential, online chat service Monday to Friday, 9 a.m. to 4 p.m., please click the Chat Now button on the website at havennh.org.

This article originally appeared on Portsmouth Herald: Ex-Newmarket firefighter charged with sex assault of disabled teen