Sex offenses, especially those involving minors, are prosecuted aggressively by the Clark County District Attorney's Office. Prosecutors will often seek the harshest possible punishments for sexual assault, lewdness charges or any other criminal accusation that are sexually motivated. State legislation in Nevada also makes sure that convicted sex offenders face a lifetime of punishment.
This is despite the fact that accusations of a sexually motivated offense can be based on weak evidence, including false or exaggerated claims. Jurors can be extremely sympathetic to claims of the alleged victim, so it is important that your lawyer understands how to approach these cases to show the weaknesses in the case.
If you face charges of any type of sex crime in Clark County, contact an experienced attorney who will fight for you. James C. Gallo is a Las Vegas sex offense lawyer who will seek to have your charges reduced or dismissed. He will challenge the evidence and fight to keep you from becoming a convicted sex offender. Call Gallo Law Office at (702) 385-3131 today to set up a free consultation.
James C. Gallo represents both visitors to Las Vegas and those who are long-term residents of the area, including those in Henderson and North Las Vegas.
Types of Sex Offense
The type of sexual offense a person may be charged with depends on several factors, including the age or state of the victim, whether any violence is alleged, and, of course, exactly what behavior is alleged to have happened.
Nevada law includes offenses for:
- Open and Gross Lewdness;
- Online Solicitation of a Minor;
- Sexual Assault (often called “sexual battery” or “rape”);
- Statutory Sexual Seduction;
- Lewdness with a Child;
- Child Pornography Charges; and
- Obscene or Indecent Exposure.
Sex Offender Registration in Nevada
If convicted of one of several crimes, including sexual assault, open and gross lewdness, indecent exposure and any child pornography charge, you may be required to register as a sex offender. The length of time you will be required to register is determined by the offense for which you were convicted. For some offenses, you will be required to register for life.
Information on sex offenders is public and easily available to anyone with internet access. The database can be viewed here. People, including your neighbors, potential employers and people with whom you are in personal relationships, can easily find you by your name, address or license plate number.
The sex offender registry, mandated by “Meghan's Law,” is one of the worse elements of a sex offender conviction. The law ensures you are haunted by your conviction long after serving your time.
Defenses to Sex Crime Accusations
In some circumstances, there may be physical evidence of a sex crime, including rape kits that contain DNA evidence. Texts and emails may also be deemed admissible, which is why it is critical to not communicate with the victim or anyone else if accused — remember, anything you say can be used against you by a manipulative prosecutor.
In many cases, the main evidence will be the testimony of the victim. A sexual offense accusation may be based on a false or exaggerated claim.
It can also be based on an older claim. Sexual assault has a longer statute of limitations or time after the alleged offense occurred that you can face criminal charges, than most offenses. Under Nev. Rev. Stat. § 171.083, they can be prosecuted for up to four years. A victim has until the age of 28 before the statute of limitations runs out to prosecute childhood sexual abuse if he or she did not know he or she was a victim, or 21 if he or she did, according to Nev. Rev. Stat. § 171.095.
While these may seem like weak evidence, it is important to understand jurors often have a bias for alleged victims of sex offenses. Your attorney will build a strategy to seek the best possible results.
In some cases, including Online Solicitation and child pornography, your constitutional right to free speech and free expression is an issue. Prosecutors may seek to charge you for things you wrote on the internet or artwork you have that is covered by the First Amendment. An attorney can make these complicated constitutional arguments.
Finding A Clark County Attorney for Sex Crimes
If accused of a sex offense, your life could be dramatically altered. Your best choice is to hire a skilled attorney who will fight for you. James C. Gallo represents clients throughout the Las Vegas area on accusations of a sexual offense. Call Gallo Law Office at (702) 385-3131 today to set up a free consultation.