Date rape is a sexual assault that occurs when the perpetrator and victim are acquainted with each other. The victim is often sedated or unconscious, making it difficult for them to give consent.
Date rape accusations can lead to criminal charges for sexual assault under Nevada Law. In a date rape crime, the defendant usually uses drugs to render the “victim” mentally impaired. Through this intoxication, consequently, the victim is unable to make decisions.
Date rape is a serious offense in Nevada and carries severe criminal penalties if convicted. If you or a loved one has been charged with rape in Las Vegas, it is important to contact a Las Vegas criminal defense attorney to help you build a defense against the accusation.
Date Rape Drugs
Date rape drugs are commonly used to facilitate sexual assault. They are often undetectable, but the effects of these drugs can last for days.
According to the National Institute on Drug Abuse (NIDA), common drugs that could be part of a date rape case include:
The drug is often slipped into an unsuspecting victim’s drink and can be difficult to detect because they may not have an unusual taste or smell. One may lose consciousness or even die in case if excessive amounts of the drug are taken. The purpose of the drug is to alleviate the concept of consent.
What Is Consent and Why Is It Important?
Consent is an important concept in date rape. Consent means that both people want to engage in sexual activity and they want to do it together. It’s not enough that one person wants to have sex, because the other person may feel pressured or coerced into going along with it.
Consent can be given by words or actions, as long as those words or actions create clear permission regarding willingness to engage in sexual activity. Consent can be withdrawn at any time. When this happens, the sexual activity must stop. If consent has been withdrawn but the sexual activity continues, that constitutes rape or assault by the continuing party.
Consent can never be given by someone who is incapacitated or unconscious because of drugs or for any other reason. Incapacitation means that a person lacks conscious awareness of their surroundings and/or their ability to make informed and rational judgments about their well-being. It is different from being drunk, which is a physical state caused by consuming alcohol. Incapacitation is a state of being in which one lacks the capacity to give informed consent due to another person’s actions on your body or mind.
In Nevada, the law requires that both parties give consent for sex to be legal. The age of consent is 16, below which it is considered a criminal act. When the age comes below 14, it is then regarded as a sexual assault – punishable by up to life imprisonment or/and up to a maximum of $10,000 in fines.
Date Rape Crime in Las Vegas
Date rape is considered a sex crime in Las Vegas and it is taken very seriously. Mostly, the penalties are very severe, and could include many years in state prison, or even life imprisonment. One can face up to ten years in state prison and up to $10,000 in penalties. These penalties can be increased under certain circumstances such as:
- Prior rape conviction
- If the alleged victim has injuries
- If the victim was a minor
In order to be charged with date rape in Las Vegas, there must be proof beyond a reasonable doubt that the defendant forced another person into having sex without their consent. Consequently, it can be challenging to face the prosecution alone, and therefore there is need for legal counsel. Luckily, if you have been accused of date rape, a Las Vegas criminal defense lawyer from our firm can help to defend you in court.
How Is Date Rape Different From Other Sex Crimes?
Date rape usually occurs between two people who know each other, such as acquaintances, friends, or even lovers. It can take place in many different locations, including at home or in the workplace, at parties and clubs.
Some people think that rape means simply using physical force such as hitting or shoving to make the other person have sex. But it’s not always like this – it can also involve threatening behavior such as inflicting emotional abuse like intimidation or threats to coerce the victim into complying with sexual activity.
In every case of rape there is an imbalance of power between the offender and victim. This could be because one is older than the other, because one has more influence over another, because one is physically stronger than the other, or because one has some kind of authority over another.
Date rape is different from other sex crimes because it often occurs in private spaces like homes or apartments instead of public places. Because of this privacy factor, date rapists often get away with their crimes without being caught by police officers or other authorities – which makes it even harder for victims to come forward and report.
Possible Defenses For Date Rape in Las Vegas
The most common criminal defense people use against date rape charges is that the act was consensual. According to Nevada state consent laws, there is lack of consent if there is forceful compulsion. According to Code §§ 5-14-103; 5-14-125, if a victim is incapable of consent as a result of physical or mental helplessness, there is no consent.
However, consent is not a valid defense to a sexual assault in Nevada. This is especially true when the circumstances made the victim incapable of exercising reasonable judgment, such as age. The age of consent in Nevada is sixteen years old, according to Nevada’s Revised Statutes 200.364.
A Las Vegas criminal defense attorney can help you build a case for court, which could include one or more of these defenses:
False accusation: If a person falsely accuses someone else of rape or sexual assault, there may be grounds for a defamation lawsuit against the accuser.
Fabricated evidence: The prosecution must prove that all physical evidence in an investigation is genuine and not fabricated. An investigation may also be thrown out if investigators fail to follow proper protocol when gathering evidence or make other procedural errors during their investigation.
Faulty forensic testing methods and conclusions: If a laboratory test fails to detect biological material at the scene of an alleged sexual assault, this could undermine the prosecution’s case against you. Such tests are not infallible and can yield inconclusive results.
Bias (including racial, socio-economic, gender, sexual orientation, etc.): A Las Vegas criminal defense lawyer can help identify potential biases in the case and develop strategies for fighting them at trial.
Available Resources for Date Rape Victims
In Nevada, there are several resources available that exist solely to help sexual abuse victims.
Here are some local resources in Nevada where sexual abuse victims may get help:
| Name of Resource | Contact | Address | City |
| Advocates for Victims of Abuse | (775) 623-2328 | 1038 Grass Valley Road, Suite G | Winnemucca |
| Community Action Against Rape (CAAR) – Rape Crisis Center | (702) 385-2153 | 6375 West Charleston Blvd., W1B | Las Vegas |
| Crisis Call Center (Sexual Assault Support) | (775) 784-8085 | P.O. Box 8016 | Reno |
| Volunteer Attorneys for Rural Nevadans | (775) 883-8278 | 904 N. Nevada Street, Suite B | Carson City |
| S.A.F.E. House, Inc. | (702) 564-3227 | 921 American Pacific Dr., Suite 300 | Henderson |
| Community Chest, Inc. | (775) 847-9311 | P.O. Drawer 980 | Storey County &
Lyon County |
How Can a Las Vegas Criminal Defense Lawyer Help?
If you’ve been accused of date rape or another sex crime, a Nevada criminal defense lawyer can help you in several ways. Your lawyer can investigate the case and determine whether there are legal defenses available to you. If so, he or she can begin to build your case, present these defenses in court, and try to get the charges dismissed or reduced.
In addition, your lawyer can explain how date rape differs from other sex crimes and their legal consequences. They can help protect your rights while gathering evidence against your accuser so that their story doesn’t stand up in court when it comes time for trial.
If you’re innocent but have been charged with a crime anyway, then your lawyer can work at every stage of your case – from arraignment through trial and appeal if necessary.
Call Our Nevada Sex Crime Defense Lawyer Today
A criminal accusation can be frightening, but it does not mean that a conviction is guaranteed. Our Las Vegas attorneys are ready to listen and help you understand your options. We are open and available for your call 24 hours a day, and offer legal services
At De Castroverde Accident & Injury Lawyers, a Nevada sex crime defense lawyer can defend your rights and build criminal defense when you face date rape accusation. We have represented numerous clients facing charges ranging from lewdness and indecent exposure to child molestation and sexual assault.
Call us today at (702) 222-9999 to schedule your initial consultation. You can speak with a date rape defense attorney in Las Vegas who can answer your questions about your case and come up with a plan to move forward.