Having sex with someone against his or her will is a sexual assault in Las Vegas and is one of worst violent crimes in the State of Nevada, it holds very severe penalties. With the rise of movements against sexual assault especially rape, it is wise to know all about the Nevada sexual harassment laws as the crime does not discriminate when it comes to victims and even people who could be falsely accused of it.
Sexual assault in Las Vegas according to Nevada Revised Statutes
According to the Nevada Revised Statutes (NRS) section 200.366, it is considered rape when there is sexual penetration involved without the consent of the victim. And this is not restricted to a certain gender or type of penetration. Any form of insertion into the sex organ, the anus, or the mouth of both genders using any body part or any object is rape.
One must note that even if you are married to the person you forced to have sexual intercourse with you, you can still be charged with rape.
Absence or lack of consent is the very thing prosecutors use to accuse a person of sexual assault in Las Vegas. Violating a victim’s disagreement or pleas against the penetration is a mitigating factor. This goes as well to penetrating a person when they cannot give them consent. For example, they are unconscious or too intoxicated.
Unfortunately, rape is one of the most common crimes in Las Vegas. Some of the contributing factors to this phenomena is the type of lifestyle the alleged perpetrator and if he or she is plainly abusive. In 2017, there are 865 rape cases reported in Nevada which is an 8.12 percent increase from the 725 reported cases in 2016.
What are the penalties of sexual assault in Las Vegas?
Rape is punishable by category A felony in Las Vegas and the rest of Nevada and their magnitude varies depending on the age of the victim.
Sexually assaulting someone 16 or older entails life imprisonment with or without parole while victimizing someone under 16 means life imprisonment without parole or with possibility of parole after 25 years. When the defendant has past convictions of sexual assault in Las Vegas to a child, he or she will face life imprisonment without any opportunity of parole.
Registration as a Tier III sex offender is also a requirement to people who have been convicted of rape in Las Vegas. A Tier III status is the worst classification given to sex offenders as this remains in your record for life.
What are the defenses against wrong accusations of rape?
Most of the people falsely accused or rape are people who thought consent exists during the act. With this, a defendant can contest the allegations by saying that the plaintiff actually agreed to the penetration. Of course, you need evidence to prove this as fact. And while we are talking about penetration, another defense you can use is the defense of no penetration. You can present medical testimony to show that no intrusion occurred in the victim’s private body parts at all.
The statute of limitations of rape could also be used by the defendant. Due to Assembly Bill 212, the time limit for victims to file a report against rape is now 20 years. If more than the particular years had passed, you cannot be tried or charged. However, if medical test results such as DNA show that you are indeed the sexual assailant, you can still be convicted even if the statute of limitations of rape say otherwise.
Consent is important when engaging on sexual intercourse as without it, the entire thing could very well be rape. Rape is a repulsive crime as it destroys a victim’s mental and physical well-being and it is only fitting that the penalties are harrowing. If you are a defendant and you believe you do not deserve any scrutiny because of false rape charges, enlist the aid of a Las Vegas criminal defense attorney who is knowledgeable about Nevada sexual harassment laws.