Charged with sexual assault in Las Vegas? Cases involving sexual-related charges, such as sexual or rape, can lead to harsh penalties if a defendant gets convicted. From having to serve years in prison to being registered as a sex offender for the rest of your life, a sexual assault or similar charges case can change the course of your life without a thorough defense.
There may be viable defenses available to you that can help you reduce or even dismiss your charges. A Las Vegas sexual assault defense lawyer from De Castroverde Criminal & Immigration Lawyers can represent and guide you throughout the criminal defense process. Our firm handles various types of sex crime defense cases. We offer to review your case for free and will then go over your legal options should you decide to work with us.
How Nevada Defines Sexual Assault
Per NRS 200.366, a sexual assault charge consists of engaging in sex with someone who is unwilling to have sex with someone who either does not have the mental capacity to be able to say no or is unconscious or otherwise unable to voice a protest.
Different Types of Sexual Assault Charges
As a form of sexual violence, sexual assault charges often pertain to rape and other severe sexual offenses, such as:
- Statutory sexual seduction (statutory rape): NRS 200.366 defines the commission of sexual acts against victims aged 16 and younger as “statutory sexual seduction,” also known as statutory rape. Different penalties exist under NRS 200.368 depending on the age of the alleged perpetrator, ranging from gross misdemeanors for offenders aged 20 and younger to a category B felony for offenders aged 21 and older.
- Open or gross lewdness: NRS 201.210 is the first sexual offense involving the commission of any non-penetrative and nonconsensual sexual act against the victim. Sexual acts may occur on or with the victim’s body.
- Lewdness with a child younger than 16 years of age :NRS 201.230 involves a sexual offense specifically against minors aged 16 and younger that someone aged 18 and older committed. Penalties can increase based on how young the victim is. These acts are generally non-penetrative but may involve using the victim’s body to commit the act.
- Sexual acts in public:Any sexual act, such as intercourse or fellatio, that is committed in a public space falls under NRS 201.190, which can become a category D felony.
- Indecent or obscene exposure:Any sexual act, such as masturbation or genital exposure, committed in front of a victim against their will falls under indecent or obscene exposure. NRS 201.220 mandates that indecent or obscene exposure may lead to a gross misdemeanor or category D felony, depending on the alleged act committed in front of the victim.
The Las Vegas Metropolitan Police Department (LVMPD) answers more questions about which crimes fall under sexual assault, including offenses involving other details such as homicide or prostitution.
Sexual Assault vs. Sexual Battery
In some cases, sexual assault charges may be lowered to “sexual battery” charges, which is a lesser charge since the alleged offense generally does not involve penetration.
Any form of nonconsensual sexual touching can also be defined as sexual battery. Sexual battery charges may be filed whether the alleged culprit or the victim is wearing clothing or not. However, charges could get elevated to “aggravated sexual assault” if the offense involved:
- A minor
- A mentally or physically disabled person
- Violence, including the use of a weapon
- Presence of multiple perpetrators
Penalties for sexual battery offenses can be as low as a misdemeanor or as high as a felony, depending on the severity of the alleged acts. A Las Vegas criminal defense lawyer from our firm can work toward negotiating lesser charges depending on the evidence the prosecution has.
Sexual Assault Penalties in Nevada
Sexual assault is a category A felony in Las Vegas. However, the penalties imposed will be based on several factors, such as the age of the alleged victim, whether the victim suffered injuries (and how severe), and whether you have had any prior convictions. For example:
- If the victim is older than 16, you could face life in prison with possible parole after 15 years if there were no serious injuries.
- If the victim is 14 or 15 years old, the sentence is life with possible parole after 25 years.
- If the victim is 13 years old or less, the sentence is life with possible parole after 35 years.
- If you are a repeat offender, the sentence does not allow for the possibility of parole.
Because penalties for sexual assault can involve life sentences and other harsh sentencing, it is crucial that your defense remains strong and contain evidence that supports your claims. A Nevada criminal defense lawyer from De Castroverde Criminal & Immigration Lawyers can build your defense for you and advocate for your rights to a judge and jury.
The Sex Offender Registry
If you are convicted of sexual assault, you will be required to register as a sex offender in Nevada. This will involve registering:
- Your name
- A photo of your image
- Your home address
- A description of the crime you were convicted of
This information will be public, meaning the information on the sex offender registry will be posted on the internet for anyone to easily find. Once you are registered as a sex offender, you cannot be taken off the registry. This information will be on your public record no matter what state you move to. Additionally, if you fail to register, you will be picked up and taken into custody.
How a Las Vegas Sexual Assault Defense Attorney from Our Team Can Help You
If you decide to work with one of our firm’s defense attorneys, our legal team will take over your case and manage it for you. We can start working for you from the moment you call us after your arrest and protect you during interrogation and criminal processing. From there, we will guide you throughout the litigation process and train you on how to proceed with your case.
Some of our legal services include:
- Bond negotiation: We can send one of our attorneys to represent you in your bond hearing as well as any other initial hearings to negotiate lesser or no bond for your release from jail.
- Legal counsel:From coaching you on how to handle questioning from law enforcement to advising you on whether you should accept a plea deal, your lawyer can provide valuable legal insight on your case. The stakes are high with sexual assault cases, so having someone who is trained in criminal defense can help protect you from incriminating yourself.
- Case investigation:Our legal team will also set out a separate investigation from law enforcement and the prosecution team to search for evidence that establishes plausible doubt in the prosecution’s argument. We may interview witnesses, retrieve photos or videos that contest the accuser’s allegations, and/or confirm whether there is any forensic evidence that you were involved in the alleged events.
- Legal representation in trial: Your attorney will present your defense in trial on your behalf. This will involve giving opening and closing statements, establishing reasonable doubt, showcasing evidence and how it contradicts the prosecution’s statements, and testifying witnesses. If at any point there is an opportunity to negotiate and accept a plea deal for lesser charges or penalties, your attorney may advise you on making this decision.
Defenses That May Be Available to You in a Sexual Assault Case
Some common defenses made in sexual assault cases include:
- There is no DNA evidence that identifies the defendant as the alleged perpetrator ofthe sexual assault.
- The alleged victim gave consent to the sexual act committed.
- The victim is making false allegations against the defendant.
- Certain acts are being misinterpreted as sexual (e.g., friendly caressing may be interpreted as inappropriate touching).
- Another individual committed the sexual assault, and the defendant is being framed because the victim cannot accurately remember the face of the alleged attacker.
Is There a Statute of Limitations on Sexual Assault Cases?
Yes. The following statutory deadlines apply to sexual assault cases:
- Victims have 20 years to file a sexual assault case against their alleged attacker, per NRS 171.085.
- If the victim filed a police report within 20 years of the alleged sexual assault or if there is forensic evidence of the assault, there is no statute of limitations, per NRS 171.082.
The Statute of Limitations on Child Sexual Abuse Cases
Per SB103, the following statutory deadlines apply to sexual assault cases involving child sexual abuse:
- If the victim was a child, they have until they are 21 years of age to file a complaint about their sexual abuse. However, if they did not reasonably discover that they were a victim of child sexual abuse, the victim has until they are 28 years of age to file a complaint.
- Additional age extensions exist if there was already an indictment or complaint filed against the defendant about child sexual abuse. In these cases, victims have until the age of 36 or 43 if the victim did not reasonably discover that they were a victim of sexual abuse.
Choose the Powerful Defense of De Castroverde Law Group
At De Castroverde Law Group, a Las Vegas sexual assault defense lawyer understands what’s at stake and will aggressively defend our clients from the moment we take on a case. Do not take chances with your life and your future. Contact us immediately to discuss your case and what strategy could be employed to defend you.