Date rape is one of the serious offense in Las Vegas under sex crimes. It is classified as a person sexually assaulting a victim, usually by an acquaintance, friend, or stranger. It is also known as “acquaintance rape” or “drug facilitated sexual assault (DFSA)”. Hire a sexual assault lawyer if you find yourself in this tight situation.
Date Rape definition
Rape is classified as sexual assault in Nevada, wherein a person subjects another person to having intercourse with them by using threats or force.
Date rape usually occurs in a social or business setting where alcohol is being served, has consumed drugs willingly or their drinks were “spiked”, and then raped afterwards by an acquaintance or a friend. Most rape victims do not remember events during that time because of the influence of alcohol or drugs.
Penalties for date rape
Date rape carries the same penalties as sexual assault, and thus, a category A felony. Like the penalties for sexual assault, it will be more severe depending on the following factors:
- The victim’s age – The younger the victim, the heavier the penalties given to the defendant.
- Extent of the physical injuries – If the victim suffered substantial bodily harm during the act, the defendant will be sentenced to life in prison either with parole after 15 years or without the possibility of parole.
- The defendant’s criminal history – The court will always look at the defendant’s past criminal history. If they see that the defendant has been convicted of other sexual offenses in the past, it can be used against them and make it less likely for the defendant to win their case.
Please read the sexual assault page for more in-depth info about penalties.
Defending against date rape
It is often difficult for prosecutors to prove that date rape happened since it will depend a lot on “he said, she said” moments. The following lists the standard defenses used by criminal defense attorneys in defending against accusations of date rape:
- False accusations – Part of the difficulty in proving date rape cases is the possibility of the accuser of making false accusations.
- Consensual – The defendant simply cannot be persecuted if the “victim” gave their consent. This could have happened if someone thinks their friend is being taken advantage of by the defendant.
- No evidence of sex – There is no rape or sexual assault if the prosecution can’t find evidence of sex.
Contact a Sexual Assault Attorney
If you are charged with sexual assault or date rape, please contact a criminal defense attorney as soon as possible. These cases can get messy, but with the right sexual assault lawyer, chances are, your charges could be lowered or have it completely dropped.
Resources:
https://www.leg.state.nv.us/nrs/nrs-200.html#NRS200Sec366