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Sexual Assault

Attorney for sexual assault defense in Clark County, Nevada.
Sexual assault charges can lead to serious legal consequences in Clark County

One of the most serious criminal charges in Nevada is the crime of sexual assault (often called “sexual battery” or “rape”). A conviction comes with a long prison sentence and a requirement that you register as a sex offender for the rest of your life.

Many “sexual assault” cases involving an allegation that the alleged victim was so drunk that he or she was unable to consent to sexual penetration.

Las Vegas Sexual Assault Lawyer

The goal in many of these cases is getting either an outright dismissal or a reduction to a lesser charge that will not require the accused to register as a sexual offender such as battery under NRS 200.481.

James C. Gallo is a criminal defense attorney in Las Vegas, Nevada, who is experienced representing clients charged with sexual assault. Call for a free consultation to find out the best way to fight the charges and protect your future after a false allegation.

Nevada's Definition of “Sexual Assault”

Nevada law defines the term “sexual assault” in NRS 200.366. A person commits sexual assault when he or she "subjects another person to sexual penetration, or who forces another person to make a sexual penetration on himself or herself or another, or on a beast, against the will of the victim or under conditions in which the perpetrator knows or should know that the victim is mentally or physically incapable of resisting or understanding the nature of his or her conduct."

Lesser charges include open and gross lewdness under NRS 201.210.

Defenses for Sexual Assault

Defenses to the charge of sexual assault often center on a showing that false allegations were made. Many of these cases involve domestic partners who previously engaged in consensual sexual conduct. Often false allegations are made out of spite or to gain an advantage in a child custody case.

It is important to remember that the prosecutor must prove the charges at trial beyond all reasonable doubt. In many of these cases, the allegations are “he said, she said” and very difficult for the prosecutor to prove at trial.

Another defense centers around a showing that the alleged victim actual consented to the sexual conduct only to later deny that he or she consented.

Defense lawyer for sexual assault cases in Las Vegas.
Defendants must understand their rights when facing sexual assault allegations in Las Vegas

Penalties for Sexual Assault in Las Vegas

The penalties for sexual assault under Nevada law are classified as a category A felony. A conviction also results in a requirement that the person accused register as a sex offender.

The potential penalties depend on whether the person accused has a criminal record, whether the sexual assault resulted in substantial bodily harm and the age of the alleged victim.

Repeat Offenders of Sexual Assault Against a Child

If the person accused has a prior conviction for sexual assault against a child, and he or she is convicted of another offense of sexual assault against a child under 16 years of age, then the sentence will be life without the possibility of parole.

Sexual Assault – Victim 16 or Older

If the sexual assault was committed on a person 16 years old or older and no substantial boldly harm resulted from the assault, then the crime is punishable by up to life in prison with a possibility of parole after ten years.

If substantial bodily harm occurred, then the crime is punishable by life in prison without the possibility of parole or life in prison with the possibility of parole after 15 years.

Sexual Assault – Victim is 14 or 15 Years Old

If the sexual assault was committed on a person 14 or 15 years old, and no substantial bodily harm is proven, then the potential sentence is life with the possibility of parole after twenty-five years. If the sexual assault caused substantial bodily hard, then the potential sentence is life without the possibility of parole.

Sexual Assault – Victim is 13 Years Old or Younger

For a victim under 13 years of age or younger with no substantial bodily harm, the potential sentence is life without the possibility of parole for 25 years. If substantial bodily hard occurred then the potential sentence is life with no possibility of patrol.

Lesser Offenses

Open and Gross Lewdness under RNRS 201.210 – punishable as a category D felony.

Statutory Sexual Seduction under NRS 200.368 (often called “statutory rape”) – punishable as a category C felony or a gross misdemeanor (depending on the age of the alleged victim). 

Additional Resources on Sexual Assault in Nevada

Sexual Assault in Las Vegas, Nevada  - Visit the website of the Las Vegas Metropolitan Police Department (LVMPD) to learn more about the sexual assault unit consisting of five squad detectives. The detectives screen and review report crimes, probable cause arrests, search warrants and case submittal packages. The Sexual Assault Detectives in Las Vegas also direct the timing and location of medical exams, victim interviews and crime scene investigations.  

Rape Crisis Center in Las Vegas - Visit the website of the Rape Crisis Center founded in 1974 to help the victims of sexual assaults within Clark County, NV, through crisis response, counseling, court advocacy, education and outreach. 

Child Protective Services in Clark County - Visit the Clark County website to find out more about the role of Child Protective Services (CPS) investigations after an allegation of abuse or neglect.  

Finding a Sexual Assault Attorney in Las Vegas, NV

If you are accused of committing a sexual assault (often called “rape” or “sexual battery”) then contact an experienced criminal defense attorney at Gallo Criminal Defense Las Vegas in Las Vegas, NV.

Frequently Asked Questions

In what ways can communities increase their awareness of sexual assault?
Education, seminars, public campaigns, and promoting open discussions regarding consent and respect are viable methods for raising awareness.
 
What are the regulations that require the reporting of sexual assault?
Healthcare workers and educators are legally obligated to disclose any suspicions of sexual assault to the appropriate authorities.
 
Is it possible to compel witnesses to depose in sexual assault cases?
Indeed, witnesses may be summoned to provide testimony if it is pertinent to the case.
 
In the context of sexual assault cases, how does a confession agreement operate?
A plea agreement enables the accused to admit to fewer serious offenses in exchange for reduced penalties, provided the victim and the court approve.
 
Is it possible for previous sexual assault allegations to influence a current case?
Depending on the admissibility and relevance, prior allegations may be considered in certain jurisdictions to establish a pattern of behavior.
 
What transpires during a medical examination for sexual assault?
Evidence is gathered, injuries are documented, and a trained healthcare provider treats and supports the victim.
 
Is it permissible for me to initiate a civil lawsuit for sexual assault?
Indeed, survivors can submit a civil lawsuit to obtain financial compensation for damages, which is distinct from criminal proceedings.
 
In what manner do restraining orders safeguard survivors of sexual assault?
Restraining orders provide legal protection and peace of mind by prohibiting the accused from contacting or approaching the victim.
 
Is it possible for sexual assault to occur online?
Indeed, online sexual harassment, exploitation, or the sharing of intimate images without consent can be considered forms of sexual assault.
 
What distinguishes first-degree and second-degree sexual assault?
The classification is contingent upon the severity, use of force, or injury, with first-degree injuries being more severe.

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