Sex crimes are serious offenses, especially against minors. If you are convicted of statutory rape, you will face prison time, pay criminal fines, required to register as a sex offender, among other penalties. Therefore, we advise you to seek the services of an experienced criminal defense attorney if you are facing charges of statutory rape.

If you are in Las Vegas, The Law Offices of Martin Hart will represent you and fight for lesser penalties or an acquittal. Please get in touch with us as soon as possible so that we can evaluate your case and prepare the best possible defense strategy.  

What is Statutory Rape under Nevada Law?

Statutory rape, also known as statutory sexual seduction, involves any penetrative sexual act that consists of a person under the age of consent, that is, an adult aged 18 years and over, with a person who is either at least for years than an adult, or between the ages of 14 and 15. Penetrative sex may involve:

  • Penetration of objects in the genital area,
  • Physical contact through the anal or vaginal area,
  • Fellatio, or
  • Cunnilingus.

This is typically covered by Nevada laws under the NRS 200.368 of Statutory Rape. The Nevada laws state that any crime involving statutory sexual seduction is punishable under the following circumstances:

  • In a scenario where the accused is a 21-year-old underage and holds a criminal record for a felony in category D under Nevada Law NRS 179D.097 prior to a sexual offense, he is punishable by serving one to a four-year prison term with fines of $5,000.
  • Taking into account the fact that the accused is under the age of 21 with an allegation of gross misconduct that violates the laws of Nevada, this may attract jail time for a period of up to one year, inclusive of fines of up to $2,000. However, in some cases, the fine may be optional, given the severity of the misconduct. The accused is likely to be charged as a misdemeanor.
  • Whereas at the time of the offense, the individual is 21 years of age or older, classified as a crime under the laws of category B of Nevada, he may be imprisoned from one year to ten years in state prison. There are also mandatory fines summing up to $10,000. 

Note that a meager allegation is futile, and may lead to devastating consequences. In some instances, the defendant may have been prosecuted for statutory rape regardless of him/she not making any physical contact with the other individual. However, under NRS 200.368, it considers the actions of being consensual between the two. Therefore, if you happen to be accused of such allegations or know someone who is fighting such gross accusations, seeking the services of an experienced criminal defense attorney without delay is very crucial.

Arrest Process

If you are accused of statutory rape allegations, police officers may commence their investigation on the matter. In the process, you may face arrest as investigations proceed. Therefore, you must seek the services of a Las Vegas criminal defense attorney immediately for defense. Your attorney will explain the charges levied against you and will delve deep into the matter to formulate a credible defense strategy for the case. Any delay may push the accused to the edge, thus leading to serving imprisonment.

For the accused to be arrested, the police, or law enforcement team must formulate a logical and probable cause that links you to the allegations. This cause depends on what they see and the revelations from the witnesses of the incident. The following circumstances may give the law enforcement officer a 'go-ahead' to proceed with the arrest:

  • At first sight, the supposed victim is awfully distraught. The alleged victim may be experiencing or undergoing signs of trauma or shock. These can be either in the form of hysterical, suffering an anxiety attack, or crying.
  • In a case where the alleged victim is a minor and the actions appear vulnerable to him/her. 
  • Whereby the stories simulated by the witnesses and the alleged victim tally, or sound the same.
  • There is physical evidence of a struggle or violent confrontation in the location of the incident. These may include the state of things or property as they appear within that space. For instance, it may be signs of ripped bedsheets, a bush with broken limbs, fallen seats in a piece of the room, just to mention a few.
  • The accused accepts the charges of attacking or defiling the victim.
  • Any signs of the alleged victim being physically abused. There are bruises, for example, a black eye, just to name a few.
  • The alleged victim's audio or video recording sounds like they're in great distress, especially if the alleged victim called an emergency service like 911.
  • Whereby the statement made by the accused is inconsistent and illogical based on the various revelations from witnesses and the victim.
  • In a situation whereby the supposed victim has his/her clothes torn or ripped off as a sign of forceful physical contact.
  • An alleged victim's story is backed up by a witness or witness. This is particularly true if the witness seems to be a party of no interest. An illustration is if the impassive party is a neighbor who is not the alleged victim's relative, friend, or acquaintance.

In most instances, the law enforcement team arrests both the alleged attacker and victim in the scene and then takes them for questioning. Usually, they separate the two parties and record their statements to comprehend the allegations. At this stage, it may be confusing to the law enforcement officers; therefore, they need both accounts, plus the info from the witnesses for further analysis of the arrest. All the delays on their side are crucial to the development of a likely cause for prosecuting the statutory rape case. Besides, the goal is to ensure that they get the right and wrong party

Common Defenses for Statutory Rape Crime

Statutory sexual seduction is an unusual offense with very few defenses. A defendant may have been caught in the act, and he/she may have felt that this is the end of them. But deep down, he/she knows, it's a misunderstanding of what might be perceived as statutory rape. The stringent fact about Nevada laws is, a statutory rape case must not necessarily have a physical activity related to it; the motives itself is enough to incriminate you. Fortunately, we are keen on such cases and are aware of the common statutory sexual seduction accusation that is falsely implicated on the defendants.

Consequently, they will try the following defense strategies to fight the prosecutor's allegations:

The alleged victim is not a minor

As redefined earlier, statutory rape involves any sexual penetration that consists of a person or persons below the age of consent. According to Nevada state, the age of consent recommended by law is 16 years. Therefore, for the accusation of statutory sexual seduction to be validated, either of the party must be underage. The prosecutor representing the alleged victim must provide the court and the defendant's attorney with a copy of a birth certificate acknowledging the age of the victim. In a case whereby every person is of the age of consent, then the defendant cannot be convicted for engaging in consensual sexual conduct.

Falsely making accusations

Having a proficient attorney by your side may prove that the allegations towards the defendant were false and of ill faith. The defendant can only be charged with statutory rape if they had sexual intercourse or penetration with an underage. Usually, such cases are accompanied by either physical confrontations or willingness between the two parties despite the age. Your attorney may prove that the allegations were raised due to anger, attempt to blackmail the defendant, revenge, or influenced by a party to have custody rights of the child. Proving these might lead to the dismissal of the case.

Lack of evidence to prove the action

In most cases, the statutory rape cases fail to have enough physical evidence to show the action ever occurred. Therefore, it all comes down to he-said, she-said disputes. With this type of strategy, your attorney may challenge the prosecutor's evidence eluding it to being too weak to prove that the defendant is guilty. Such a stand may make it hard for the prosecutor to prove the case beyond a reasonable doubt. As a result, the prosecutor may end up willing to negotiate or drop down the charges.

What the Prosecutor Must Prove to Convict You of Statutory Rape

Statutory rape is a tricky and complicated case for both parties. However much the defenses are minimal, the prosecutors also face a hard hassle of proving their case beyond a reasonable doubt. For one to be convicted of statutory sexual seduction, the prosecutor must prove the following:

 The accused and victim were not married

In a case whereby the defendant and victim were legally married, then the defendant cannot be punished for willingly participating in consensual sexual conduct. Therefore, the prosecutor must prove that the two parties are not in any way linked to marriage.

Prove that sexual intercourse occurred

The prosecutor must prove that the defendant is guilty of making any sexual penetration to the alleged victim. In most cases, a lack of physical evidence may result in 'he-said and she-said' allegations. Thus a criminal defense attorney may render the proof too ambiguous and weak to convict the defendant.

The alleged victim was an underage

The age of consent, according to the law, is 16 years. Therefore, for one to be convicted with statutory rape, it must involve an individual below the age of consent. Thus the prosecutor must prove that indeed, the alleged victim is a minor. This means that a copy of the document supporting this info must be submitted before the court, as well as to the defendant's attorney.

Penalties for Statutory Rape Crimes

A statutory rape allegation is dangerous, and hence if one gets convicted of the offense, he/she is likely to face incarceration alongside payment of fines. Under Nevada's laws, the punishment depends on the defendant's age.

For the case whereby the accused is an adult aged 21 or older, the charge will be filed under category B felony. This means that the defendant is more likely to serve time in state prison for a period ranging from one to ten years. Along with the incarceration is payment of fines that sum up to $10,000.

However, if the accused is under the age of 21 years, then he/she may feel the 'mercy' of the judge and receive a merely light punishment. The defendant may be charged as a gross misdemeanor. Therefore, the defendant is likely to serve time in a state jail for not more than one year. The charges are accompanied by fines, which are, in some cases, optionally based on the severity of the situation. One is likely to pay fines summing up to $2,000.

Lastly, a defendant under the age of 21 years that already has a criminal record before the offense may face devastating repercussions. A statutory sexual seduction case may be convicted under category D felony. This means the accused risks serving time in state prison for a period of one to four years as well as pay fines amounting to $5,000.

Find a Las Vegas Criminal Defense Attorney Near Me

If you or a loved one happens to fall culprit to allegations regarding statutory rape, it is vital to seek the services of a qualified attorney that is well conversant in the field. We at The Law Offices of Martin Hart have a proficient and experienced attorney that is familiar with the criminal justice system and cases that require qualified strategies. Therefore, call us today at 702-380-4278, and we will aggressively strive to offer the best possible result for you.