Sexual assault is one of the most serious crimes that someone can commit. Once convicted, the defendant will be required to register as a sex offender and a chance to be imprisoned for a lifelong term. Even with a parole, it will give you a hard time to get a job with this offense on your criminal record. Know what the definition of sexual assault is, its penalties, and your options.
Sexual Assault: Battery Rape
The law means that it is illegal to have sex with someone:
- Against the person’s will; or
- When you know or should have known that the person lacked that capacity to understand or agree on what was happening (on cases when the victim was drugged or drunk).
If someone however, unlawfully touched another person in a sexually manner that falls short of sexual assault, the person will be charged with open and gross lewdness (NRS 201.210).
Sexual Assault: Defenses
Sexual assault also has possible defenses that can either help to lessen charges or even get acquitted. The following is the list of possible defenses that are used against sexual assault charges:
False allegations
Both the prosecutors and judges know that there are innocent people who are falsely accused of rape out of anger, jealousy, revenge, honest misunderstanding, or for child custody. Having a good sexual assault lawyer Las Vegas can raise reasonable doubts to show that you are wrongly accused, or the sexual assault charge should be dismissed.
Consensual
The sexual assault charges cannot stand if your your lawyer can prove that the alleged victim gave their consent when the incident happened.
Lack of proof
Sexual assault is extremely difficult to prove since often than not, allegations are brought up by “he says, she says”. The charges should be dropped if the prosecutors cannot state guilt beyond a reasonable doubt.
Sexual Assault: Penalties
Sexual assault is a Category A Felony and the accused have to register as a sex offender. Penalties for rape conviction depend on the following:
- The criminal history of the defendant;
- If the sexual assault on the alleged victim caused substantial bodily harm; and
- The age of the victim.
Penalties depending for the alleged victim’s age:
13 years old or younger
- If rape caused substantial body harm to the victim, the accused will be sentenced to life imprisonment without the possibility of parole.
- If there is no body injury, the sentence includes lifetime imprisonment with possibilities of parole after 35 years.
14 or 15 years old
- If rape caused substantial body harm to the victim, the accused will be sentenced to life imprisonment without the possibility of parole.
- If there is no body injury, the sentence includes lifetime imprisonment with possibilities of parole after 25 years.
16 years old or older
- If rape caused substantial body harm to the victim, the accused will be sentenced to life imprisonment without the possibility of parole.
- If rape caused substantial body harm to the victim, the accused will be sentenced to life imprisonment with the possibility of parole after 15 years.
- If there is no body injury, the sentence includes lifetime imprisonment with possibilities of parole after 10 years.
Plea Bargains
Most of the time, rape charges are not easy to get plea bargaining agreements. However, if the case lacks evidence to prove guilt, the charges can be reduced to battery as part of the plea bargain. Lowered charges can also mean that the defendant does not need to register as a sex offender.
Las Vegas Sexual Assault Lawyer
It is important that you seek legal counsel if you have been arrested for a sex offender case in Las Vegas as soon as possible. Find an experienced and skilled sex crime lawyer in Las Vegas to help you protect your rights, investigate the evidences, and negotiate with the state to get the charges filed against you reduced or dismissed.