Sexual Assault

Las Vegas Sexual Assault Lawyer

Sexual assault constitutes one of the most serious offenses under Nevada law. Often called “sexual battery” or rape in other states, sexual assault under the Nevada Revised Statute Section 200.366 involves an allegation of sexual penetration without consent. In some cases, a criminal accusation is made days or even weeks after the alleged event.

The prosecution of the case can proceed to trial even when no physical evidence supports the accusation. Since many of the alleged crimes occur in a private setting, numerous, false or exaggerated allegations do occur. The police can arrest a person on just the statement of the alleged victim. This forces the person facing a false accusation of sexual assault to fight a very difficult and public battle to clear his or her name.

If you have been accused of sexual assault in Clark County, contact the Law Office of Joel M. Mann to discuss the accusations made against you before you speak to law enforcement about the allegations. Your attorney is often in the best position to gather favorable evidence overlooked by the police. Joel Mann can secure physical evidence that might be lost with the passage of time and fight for the dismissal of the sexual assault charges.

Sexual Assault Information Center

Definition of Sexual Assault under Nevada Law

Under Nevada Revised Statute Section 200.366, the crime of sexual assault involves sexual penetration against the will of the victim or when the victim is physically or mentally unable to consent or resist to the act. The lack of consent can result from the resistance of the victim to the act, the age of the victim that renders consent impossible, the victim's drug impairment or alcohol intoxication, or mental disability.

Pursuant to Nevada Revised Statute 200.373, even a husband can commit an act of sexual assault against his wife if at the time of the assault; there was the threat of force or actual force. Law enforcement officers often make an arrest decision without the benefit of knowing all of the facts of the case, the motives of the witnesses to make a false report, or prior difficulties of the parties involved.

Penalties for Sexual Assault in Nevada

Sexual assault is a category A felony which carries certain penalties that depend on the age of the alleged victim and whether it is alleged that any substantial bodily harm resulted from the act.

If the alleged victim of the sexual assault is 16 years old or older:

Imprisonment in Nevada State Prison for life with the possibility of parole after 10 years of imprisonment;
If substantial bodily harm is alleged, the offense is punishable with either life without the possibility of parole or life with the possibility of parole after 15 years of imprisonment.

If the alleged victim of the sexual assault is a child under 16 years of age (applies to children who are 14 or 15 years of age at the time of the offense)

Imprisonment in Nevada State Prison for life with the possibility of parole after 25 years of imprisonment;
If substantial bodily harm is alleged, the offense is punishable by life in prison without the possibility of parole.

If the alleged victim of the sexual assault is a child under the age of 14 years old:

Imprisonment in Nevada State Prison for life with the possibility of parole after 35 years of imprisonment;
If substantial bodily harm is alleged, the offense is punishable by life in prison without the possibility of parole.

Enhanced Penalties Apply If Prior Convictions Exist

Certain enhanced penalties result in a sentence of life without any possibility of parole if the defendant has previously been convicted of any of the following offenses:

Any act of sexual assault under Nevada Revised Statute Section 200.366;
lewdness with a child pursuant to Nevada Revised Statute Section 201.230;
luring a child using a computer network or system under Nevada Revised Statute Section 201.560;
incest under Nevada Revised Statute Section 201.180;
sado-masochistic abuse under Nevada Revised Statute Section 201.262;
any offense in another state that would constitute a sexual offense committed against a child under Nevada law; or
Any offense in another state that if committed in Nevada would constitute a sexual assault under Nevada Revised Statute Section 200.366.

Statute of Limitations for Sexual Assault

Below are the statute of limitations for Sexual Assault in Nevada:

In Nevada, the statute of limitations for any crime of sexual assault is four (4) years. The four year time limit normally allows prosecutions outside that period of time if the crime of sexual assault is reported to the appropriate authorities within 4 years of the incident.
The statute of limitations for sexual assaults in Nevada is extended in certain circumstances, including allowing prosecutions after the four year period when a juvenile victim of sexual abuse reports the crime by their 21st birthday. In the rare case in which the juvenile victims of sexual abuse alleges that he or she did not know earlier that they were a victim of a sexual assault, the crime must be reported by the allege victim's 28th birthday.
For prosecutions in which the crime was not reported for years after the event allegedly occurred, defending the case becomes more difficult because the memories of witnesses fade and evidence to establish an alibi is lost. Any issues related to a failure to report the alleged criminal act must be aggressively litigated.

False Allegations of Sexual Assault

Many individuals are surprised to learn about the limitations placed on the defendant at trial. Under Nevada's rape shield laws, before a person accused of sexual assault can introduce evidence of the alleged victim's prior false accusations of sexual assault or sexual abuse, the defendant must file a "notice of intent to cross-examine and present evidence regarding such accusations."

After the notice is filed, the court will conduct a hearing outside the presence of the jury to examine the need for such questioning and whether any corroborative evidence supports the questioning. The defendant has the burden of making the following showing at the hearing:

the accusations were made by the alleged victim;
the accusations were false; and
and the extrinsic value of the evidence is more probative than prejudicial.

Such notice requirements are rare in criminal cases other than sexual assault (rape) and statutory seduction (statutory rape) cases.

Resources

Nevada's Chapter 200 - Crimes Against the Person - Includes links to Nevada's sexual assault and seduction statutes including legislative findings, rules regarding confidential records, procedures for keeping a victim's name confidential and using pseudonyms, and other information concerning the rights of victims and those accused of sexual assault.

Nevada Coalition Against Sexual Violence - Open coalition and charitable organization that provides statistics, studies, and other information on dating safety, sexual harassment, and survivor information, Nevada's sex offender registry, sex offenders map for Nevada's sexual offender registry, and the child assault prevention program.

Sexual Assault Support in Nevada - Provides information about Nevada's definitions and statutes regarding sexual assault and other sexually motivated crimes.

A rape, abuse, and domestic violence resource collection by aardvarc.org- Find information about Nevada's sexual assault information, support and resources in Las Vegas, Clark County, Nevada including the Las Vegas - Community Action Against Rape at Las Vegas' Rape Crisis Center.

Las Vegas Metropolitan Police Department: Sexual Assault Detail - The Sexual Assault Detail for the Las Vegas Metropolitan Police Department investigates crimes including open and gross lewdness, sexual assault, sexual assault on a minor, luring a minor, sexual conduct between teacher/student, pornography involving minors, and lewdness with a minor. In Las Vegas, other details such as "Vice" investigate allegations of child exploitation and prostitution in and around Las Vegas, Clark County, Nevada.

Law Office of Joel M. Mann | Nevada Sexual Assault Defense Attorney

If you have been accused of the serious criminal offense of sexual assault, then contact an experienced criminal defense attorney. Joel Mann has defended clients against a wide range of sex crime allegations. Las Vegas sex crimes attorney, Joel Mann, is experienced in defending allegations of sexual assault throughout Clark County. Contact us today at (702) 474-6266 to discuss the particular facts of your case.