If you have been accused of statutory rape, it can be difficult to know where to turn for help. You may be wondering if your case is worth fighting or if you should give up and accept the consequences.
Statutory rape occurs when an adult is involved in sexual penetration with someone who is not yet old enough to give legal consent (this age varies by state). In Nevada, statutory rape is officially known as sexual assault against minors (NRS 200.368) and is punishable by imprisonment and fines.
While the consequences of statutory rape charges are serious, you deserve a fair trial – whether you’re guilty or not. A Las Vegas criminal attorney can help identify defenses to fight back on your behalf.
Understanding Statutory Rape
Statutory rape is a criminal offense that occurs when an adult (18 years old or older) has sexual penetration with a minor (16 years old or younger).
This offense, also known as a statutory sexual seduction, differs from standard sexual assault because the perpetrator isn’t committing a crime against an adult, but against a minor who cannot legally consent to sexual activity.
Also, in statutory rape, the victim is not required to have resisted or been forced in any way – they may have agreed to engage in sex with their partner if they were too young to consent legally. The perpetrator may use their role of authority to coerce their victim into having sex with them. For example, when a teacher engages in sexual contact with a student who is under 16 years of age.
Also, as opposed to other sex crimes, it doesn’t matter who initiated the act of statutory rape or if they gave consent. In Nevada, if you’re under 16 years of age and seduce someone who is over 18 years of age, resulting in any form of sexual penetration, it’s still statutory rape.
When a person commits statutory rape, they violate one or more Nevada statutes. In this case, the violation occurs when an adult engages in sexual penetration with a person under the age of 16.
Forms of Statutory Rape in Nevada
Nevada has several different classifications of statutory rape that can be charged when a person has sexual intercourse with a minor. Regardless of which form it is, statutory rape is a felony in Nevada.
Different forms of statutory rape in Nevada include:
#1. Vaginal Intercourse
An individual can be charged with statutory rape for having ordinary sexual intercourse with a person who is younger than 16 years old.
#2. Anal Intercourse
Under Nevada law, it’s considered statutory rape to have anal intercourse with someone who has not yet attained the age of consent.
#3. Cunnilingus (stimulation of the female genitals)
Nevada law prohibits engaging in the stimulation of female genitals through lips or tongue with someone under the age of consent.
#4. Fellatio (oral stimulation of a penis)
Nevada law disallows engaging in fellatio with any person who has not reached the legal age of consent.
#5. Penetration With Fingers or Objects
Nevada law makes it illegal for anyone over 18 years old to engage in any penetration with either a finger or an object when they know that their partner is under the age of 16 – even if the younger person consents and no force was involved.
There are some situations where the crime of statutory rape may not be as clear-cut, such as when there is no penetrative sex involved. For example, when a 14-year-old girl goes to her relative’s house and they have oral sex, but no vaginal penetration occurs. The adult could face sexual abuse charges for lewdness with a child (NRS 201.230).
Importance of Age of Consent and Knowledge in Statutory Rape Cases
The statutory age of consent in Nevada is meant to protect young people who may not have the intellectual or emotional maturity to make important decisions about their bodies, especially when it comes to having sex.
Young people may not understand what they agree to when they consent to sex with an older person who has more life experience and knowledge than they do. Sexually transmitted diseases and pregnancy are common among teenagers who engage in sexual activity – that’s why Nevada laws administer serious charges against statutory rape offenders.
In addition, a lack of knowledge about the age of the minor during sexual activity is no defense in statutory rape cases. This means that perpetrators may be found guilty of statutory rape even if they didn’t know that their sexual partner was a minor under the age of consent. The law does not require proof that you knew the child’s true age, only that you reasonably should have known he or she was under 16.
Who Can Be Accused of Statutory Rape?
Anyone over 18 years old who has sexual contact with a minor (below the age of consent) can be accused of statutory rape. The following people may be charged with statutory rape:
- Teachers
- Relatives (including step-relatives)
- Peers/Friends
- Caregivers, such as babysitters
- Strangers
Possible Penalties for a Statutory Rape Conviction
The penalties for a statutory rape conviction depend on the defendant’s age. If the defendant is at least 21 years old, it’s a category B felony in Nevada, punishable by 1-10 years in Nevada State Prison and/or up to $10,000 in fines.
If the defendant is under 21 years old, then he’ll be charged with gross misdemeanor statutory rape. Penalties are less harsh and include sex offender registration, one year in jail, and/or fines up to $2,000.
However, there is an exception: Nevada has a close-in-age exception to statutory rape, usually dubbed the Romeo and Juliet law. This allows children between 14 and 15 years of age to engage in consensual sex with people less than four (4) years older.
For example, Jayden is a 19-year-old boy engaging in a sexual relationship with a 15-year-old Maddie. In this case, Jayden is considered an adult, while Jane is below the legal age of consent. However, under the Romeo and Juliet exception, Jayden won’t face statutory rape charges since their age difference is only four years.
Available Defenses to Statutory Rape Charge
If you are accused of statutory rape in Nevada, you should immediately contact one of our criminal defense attorneys. Here are some of the most common defenses to statutory rape charges:
#1. The Alleged Victim Was Old Enough to Consent
Statutory rape is sexual intercourse with someone under the age of 16. However, if the victim is over 16 years old, then it may be possible to argue that they were old enough to consent to sex. To do this successfully, you will need to show that the victim was mature enough to understand what was happening and that they consented voluntarily.
#2. No Penetrative Sex Occurred
If there was no penetration, then there is no statutory rape charge because Nevada law only applies when there is vaginal penetration by a male penis or by another object such as a finger or dildo.
#3. False Accusation
It is possible for a person to falsely accuse another of rape. If such an accusation can be proven false, then there is no basis for a statutory rape charge against you.
#4. The Romeo & Juliet Exception
In Las Vegas, Romeo and Juliet laws exempt consenting young people from statutory rape when their age difference is within four years.
How Can a Las Vegas Criminal Defense Attorney Help?
Statutory rape is a serious criminal offense in Nevada, and it can have lasting consequences for both the victim and the accused. If you have been charged with statutory rape, a Las Vegas sexual assault defense lawyer can tell you more about your rights and options.
A criminal defense attorney can help by explaining how statutory rape laws apply to your case, helping you understand what penalties you may face if convicted, and exploring possible defenses that might help you fight charges or reduce penalties.
A lawyer can also negotiate with prosecutors on your behalf to try to reach an agreement that avoids trial or reduces potential penalties if you plead guilty or no contest (also called nolo contendere).
Contact a Statutory Rape Defense Attorney in Las Vegas
A criminal conviction for statutory rape can have long-lasting effects on your life and future career opportunities. Worse still, the conviction on your record will be visible whenever you apply for jobs, housing, or college admission. Call our defense attorneys at De Castroverde Law Group today so that we can begin building a defense strategy for your case and a plan to move forward.
Contact us today for a free case evaluation.