In Nevada, rape is among the most severe crimes. The crime is aggressively prosecuted, even when there’s no physical proof.  And if a conviction occurs, offenders face the most severe punishments, including hefty fines, prison sentences, and sex offender registration. Additionally, a rape conviction may make it challenging for you to secure employment in the future and may affect other civil rights. These are the reasons you would need an experienced sex crime defense attorney when facing charges.

A lawyer may be able to have your charges dismissed or reduced to avoid harsh penalties. If you are in Las Vegas, we will effectively handle your case at The Law Offices of Martin Hart. We will start by reviewing your case to ensure we obtain all the facts. Then, we will build a strong defense strategy that will yield the best possible outcome. Call us as soon as possible, and we will start working to minimize the damage to your life right away.

Understanding the Legal Meaning of Nevada’s Crime of Rape

The Nevada crime of rape is described under NRS (Nevada Revised Statutes) 200.366. Rape is also referred to as sexual assault and is defined as engaging in penetrative sexual intercourse with a person against their consent or with a person you should’ve been aware lacked the capability to consent to the act or understand what was happening. Rape is considered the 2nd most severe offense in Nevada after the crime of murder.

The Nevada Revised Statute 200.366 prohibits all kinds of forcible penetrative sexual intercourse, including:

  • Fellatio
  • Cunnilingus
  • Vaginal intercourse
  • Anilingus
  • Fingering
  • Anal sex
  • Any penetrative sexual activity with animals
  • inserting objects or body parts in the anus or vagina on someone else

Forcible sexual touching, which can’t be referred to as penetration, for instance, groping, isn’t rape. In this case, you could instead be prosecuted under NRS 201.210, open & gross lewdness law, or NRS 201.230, lewdness with a child law, based on the accuser’s age.

As implied earlier, an absence of consent doesn’t only occur when the supposed victim says or signals ‘no’ to engaging in sexual intercourse. A lack of permission also involves cases where the offender knows or should’ve been aware that the supposed victim doesn’t have the capacity to comprehend what’s happening. Instances comprise when the victim is drunk, high on drugs, sleeping, in a vegetative state/ coma, overdosed on narcotics, severely mentally incapacitated, or has passed out.

Rape is charged similarly, whether it happens between persons who know one another or strangers. However, when it comes to spousal rape under Nevada Revised Statute 200.373, forcible sexual intercourse between married couples is arguably lawful, provided it’s not achieved through force or threats of force.

How the Prosecution Proves Guilt Under NRS 200.366

Unless there’s video footage of the supposed act, rape can be incredibly challenging for the prosecuting attorney to prove since proof often narrows down to statements like ‘she/he says.’ It isn’t enough to prove the two parties involved had sexual intercourse. The D.A has to demonstrate that the alleged victim didn’t agree to or was incapable of consenting to the sexual act.

Therefore, the prosecutor tries to gather as much circumstantial proof as possible, for instance:

  • Witnesses who heard or saw the supposed sexual assault or the alleged victim resisting
  • Email or text communication by the defendant where they admit to the alleged rape
  • Witnesses who noticed the victim’s incapacitating state or incapability to consent shortly after or before the alleged sexual assault
  • Expert medical opinion supporting the accuser’s testimony of the supposed rape

A rape victim has twenty years from the date of rape to file a report with the police before it’s too late for the prosecution to try the defendant. And there’s no deadline for the District Attorney to prosecute the offender if the accuser reported the incident to the police within twenty years after the sexual assault or DNA indicates the perpetrator’s identity. But the more time elapses between the supposed sexual assault and the time the incident is reported, the more it becomes challenging for the D.A to establish criminal liability. The more time passes, the higher the possibility that physical proof disappears, video surveillance is erased, and witnesses’ memory fades.

Legal Defenses to Rape

Although sexual assault is among the most severe offenses you can be alleged to have committed, it also has several valid defenses. In this section, we discuss the various defense strategies your attorney may explore in rape cases. They include:

You Were Falsely Accused

Prosecutors and judges are all aware that innocent parties can be wrongly accused of sexual assault, whether it’s out of a misunderstanding, revenge, anger, or a means to have the upper hand in a child custody case. Proof that could show you’ve been falsely accused includes:

  • Emails, audio recordings, or text messages from the victim which indicate they are lying about being sexually assaulted
  • Witnesses who might have seen or heard the victim discuss the fabricated assault
  • Testimony from a medical expert that may prove that the accuser inflicted the injuries on themselves

If your lawyer can cast reasonable doubt on the prosecution’s evidence by demonstrating that another person may have wrongly accused you, the charges against you should be dropped.

The Victim Agreed to the Sexual Intercourse

Sexual assault is defined as forcing a person to have penetrative sex against their consent or when they are incapable of consenting/resisting because of their disability. If the D.A fails to prove beyond any reasonable doubt that sexual intercourse was forced, rape charges can’t stand. Usually, there rarely is an audio or video recording of sexual activity in sexual assault cases. Therefore, defense lawyers consider other proof like:

  • Text messages or emails from the victim after the supposed rape which show that the victim consented
  • Witnesses who saw the victim fully conscious and sober around the same time of the supposed rape
  • Testimony from a medical expert which shows that the victim wasn’t raped

Keep in mind that Nevada’s age of consent is sixteen years (NRS 200.364), and consensual sexual intercourse between grown-ups and minors below sixteen years can be charged under the statutory rape law.

No Penetration Took Place

Nevada Revised Statute 200.366 outlaws only forcible penetrative sexual intercourse. If the D.A fails to demonstrate that a penetrative act occurred, the charges against you should either be decreased or dismissed.

For example, if the prosecution can only prove that you committed forcible sexual groping, the charges against you should be lowered to open & gross lewdness. First-time offenders typically face gross misdemeanor charges, which carry a much lesser punishment than rape.

Or suppose the prosecutor has proof of physical assault upon the victim but doesn’t have evidence of rape specifically. Here, the D.A may agree to lower the sexual assault charges to a battery offense. The punishment is lenient than what you would face for a rape conviction, and you wouldn’t have to register as a sex offender.

Penalties for Rape

Rape is among category A felonies, the most severe classification of Nevada offenses. The punishment is life imprisonment and registration as a sex offender. Whether you may qualify for parole is based on three factors:

  1. Your criminal history
  2. The victim’s age at the exact time the offense took place
  3. Whether your actions led to the victim suffering significant physical injury

Note: Substantial physical injury includes either:

  • Prolonged bodily pain
  • Severe, permanent disfigurement
  • An injury that creates the highest risk or possibility of death
  • Protracted impairment or loss of the functions of any body organ or part

It is also worth noting that sexual assault carries supervision for life under the Nevada Revised Statute 176.0931. However, lifetime supervision may be called off after ten years.

If the Accuser Was 16 Years or Above

If the supposed victim suffers substantial physical injury from the sexual assault offense, the judge may order the following punishment:

  • Life imprisonment without parole
  • Life imprisonment with parole after serving fifteen years

And if the supposed victim doesn’t sustain any substantial physical injury from the sexual assault, the sentence will be life imprisonment with parole after serving ten years.

If the Accuser Was Fifteen or Fourteen

The punishment for sexual assault is life imprisonment without parole in case either:

  • You had a previous conviction of rape or any sexual misconduct against a minor
  • The victim suffered substantial physical harm

Otherwise, you will be sentenced to life imprisonment with parole after serving 25 years.

If the Accuser is Thirteen Years or Younger

Rape is punishable by life imprisonment without parole in case either:

  • You had a past conviction of rape or sexual misconduct against a minor
  • The victim suffered significant bodily harm.

Otherwise, you will face life imprisonment with parole after 35 years.

Immigration Consequences of Rape

Nevada categorizes rape as a crime of moral turpitude and an aggravated felony. Thus, an immigrant found guilty of sexual assault may be deported after he/she completes serving his/her prison sentence. Aliens facing sexual assault charges must seek expert legal counsel soon enough to challenge the charges against them or negotiate for their crime to be reduced to a non-deportable violation.

Sex Offender Registration in Nevada Rape Cases

If you are convicted of sexual assault in Nevada, you will be subject to the duty of sex offender registration as a Tier III sex offender. A Tier III offender can publicly be searched on the state’s sex registry database.

Convicted offenders who are set free after parole must register within forty-eight hours of their release. And they have to check in with a local law enforcement agency at least once every ninety days. If you violate the sex offender registration requirement, you’ll have committed a category D felony. This offense carries a prison sentence of up to four years and a fine of up to $5,000.

A subsequent offense of violating the sex offender registration requirement within seven years from the commission of the first offense is classified as a category C felony carrying a prison sentence of up to five years and a fine of up to $10,000.

Those offenders sentenced to life imprisonment without the possibility of parole don’t have to register as sex offenders since they won’t ever be released from prison.

Sealing a Rape Crime Record

A rape conviction cannot be sealed whatsoever from criminal records. This means the conviction will remain on your record forever. However, if you are acquitted of rape during the trial or your charges are dismissed, you can request for your criminal record to be sealed right away.

The state’s prohibition against sexual assault record sealing is one reason you must try negotiating a charge dismissal or reduction. A person with a rape conviction on his/her record faces discrimination from prospective landlords, lenders, or employers. They may also be stripped of or disqualified for professional licenses.

Related Crimes to Rape

Related offenses to sexual assault are those crimes that can be convicted or charged instead of or alongside rape because they share most of the elements. They include:

Open & Gross Lewdness

Nevada Revised Statute 201.210 describes the open & gross lewdness crime. This is a vague offense, usually charged when a person touches another sexually, but in a way that falls short of rape. First–time offenders face gross misdemeanor charges, and a conviction carries a maximum fine of $2,000 and up to one year in prison.

The Crime of Incest

Incest is described under NRS 201.180. It happens when relatives who are closer than second cousins have sex or marry, whether or not it’s consensual. Like sexual assault, incest is classified as a category A felony. Based on the situation, prison time ranges between two years to imprisonment for life.

Statutory Rape

Statutory rape is also called statutory sexual seduction and is outlined in Nevada Revised Statute 200.368. The crime occurs when a grown-up (eighteen years or older) engages in sexual intercourse with a minor who is fourteen or fifteen years, and the child is a minimum of four years younger than the adult. It doesn’t count even if the minor agreed to the intercourse. Statutory rape may be charged as a gross misdemeanor or category B felony based on the defendant’s age.

Contact a Competent Sex Crime Attorney Near Me

A rape accusation is a daunting experience since the state is against you, let alone the stigma you will face from society. Any person facing sexual assault charges should want to prove their innocence, so society doesn’t view them as a sex offender. At The Law Offices of Martin Hart, we understand this feeling. We know it may be challenging for a person to prove innocence on their own, and we are always available to help. If you’re in Las Vegas and have been arrested for alleged rape or under investigation, please don’t hesitate to reach out to us at 702-380-4278 so we can help you fight your charges.

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