Sexual Assault

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Nevada Revised Statute Section 200.236: 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 would be charged with open and gross lewdness (NRS 201.210).

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Defenses

As considered as one of the most serious crimes in Las Vegas, sexual assault also has possible defenses that can help either to lessen charges or even get acquitted with the allegations filed against you. The following are the list of possible defenses that are used for sexual assault charges in Las Vegas:

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False allegations

Both the prosecutors and judges know that there are innocent people who were falsely accused of rape out of anger, jealousy, revenge, honest misunderstanding, or for child custody. Having a good Criminal Defense Attorney can raise reasonable doubts to show that you are wrongly accused, or the sexual assault charge should be dismissed.

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Consensual rape

The sexual assault charges in Las Vegas cannot stand if your defense lawyer can prove that the alleged victim gave their consent when the incident happened.

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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.

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Penalties

Sexual assault in Las Vegas is sentenced with 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.

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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 with 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 with 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 with life imprisonment without the possibility of parole.
• If rape caused substantial body harm to the victim, the accused will be sentenced with 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.

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Plea Bargains

Most of the time, rape charges in Las Vegas is 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. Lower charges could also mean that the defendant does not need to register as a sex offender in Las Vegas.

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Defense Attorney for Sexual Assault

It is important that you seek legal counsel if you have been arrested for sexual assault or rape in Las Vegas as soon as possible. Attorney Ross Goodman is an experienced and skilled lawyer in Las Vegas who can help you protect your rights, investigate the evidences, and negotiate with the state to get the charges filed against you reduced or dismissed. Contact Attorney Ross Goodman for a free consultation of your case.