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Las Vegas Sexual Assault Attorney

Sexual assault is one of the most serious offenses under Nevada law. Victims of sexual assault can suffer from short-term and long-term repercussions because of the assault. Along with serious physical injuries, they can suffer from post-traumatic stress disorder, anxiety, depression, and other mental health conditions. To make matters more complicated, the victims of sex crimes often wait days or weeks after the alleged event to make the accusation. There could also be a lack of physical evidence or witness testimony to support the Las Vegas sexual assault case. However, if you have been accused of sexual assault, you have the right to seek justice.

What is Considered Sexual Assault?

According to Nevada laws, the crime of sexual assault involves sexual penetration against the will of the victim or when the victim is mentally or physically unable to resist or consent to the sexual act. For example, if the victim has a mental disability, or is on medication that impairs their judgment, then they are not able to consent or resist the act.

Consent is a key factor in sexual assault cases. An individual can commit an act of sexual assault against their spouse if they use force or threaten to use force. There are different types of sexual assault cases, such as juvenile sex offense, statutory rape, sexual abuse, sexual coercion, and rape under the influence of drugs or alcohol. The punishment for sexual assault in Nevada can be severe, including imprisonment without the opportunity for parole.

Penalties for Sexual Assault in Las Vegas

Alleged victims can seek criminal prosecution or seek damages through a civil lawsuit. Sexual assault in Las Vegas is a category A felony, making it one of the most serious offenses in Nevada. The penalties for sexual assault depend on several factors, including the age of the alleged victim and whether the event caused them bodily harm.

If the alleged victim is 16 or older, the suspect can face criminal imprisonment for life with the possibility of parole after ten years. If the victim suffered major bodily harm, the penalty could be increased to life imprisonment without the possibility of parole or parole after 15 years of imprisonment.

If the alleged victim is under 16 years of age and sustained bodily harm, the penalty is life imprisonment without the possibility of parole. If there is no bodily harm to the victim, there is a possibility of parole after 25 years. If the victim is younger than 16, the penalties are even more severe. Similarly, repeat offenders, whether they were convicted in Nevada or another state, face stricter penalties for sexual assault in Las Vegas.

Express vs.Implied Consent in Sexual Abuse or Assault Cases

We have established that one of the most important aspects of sexual assault cases is whether a person gave their consent for the sexual act. It is vital to understand the difference between the two types of consent – express consent and implied consent.

Express consent is easier to identify as the person states in no uncertain terms that they are willing to perform the sexual act, such as sexual penetration. While this type of consent sounds straightforward, in reality, it can often be contested. For example, what if an individual initially agreed to have sexual intercourse, but at the time of the act, they no longer wanted to? Also, it is uncommon for individuals to express their desire to engage in sexual acts in clear and no uncertain terms, and that is why implied consent is more common.

With implied consent, the intention of the individuals is indicated by their actions or body language. Whether or not the individual had provided implied consent is determined after analyzing the situation. In most cases, implied consent is determined by analyzing whether or not a reasonable person in that situation would have thought consent existed at the time of the sexual act.

Statute of Limitations for Las Vegas Sexual Assault

The statute of limitations is the time that parties have to initiate legal action or legal proceedings from the date of the alleged crime. If the statute of limitations has passed, the court can no longer adjudicate on the matter unless some exceptions apply to the case.

In general, the statute of limitations for sexual assault cases in Las Vegas is 20 years from when the offense was committed. However, if the victim reports the alleged crime to law enforcement officers within 20 years of the act, then there is no time limit. There can be an exception to the statute of limitations cases when the identity of the accused is determined through DNA analysis. In such cases, there is no time limit. This is based on Nevada law NRS 200.366.

False Allegations of Sexual Violence or Sexual Abuse

Unfortunately, there are cases of false allegations in sexual assault claims. Just as a sexual assault offense is a highly serious matter, so is a false allegation. Anyone found guilty of falsely claiming that they were sexually assaulted can suffer the consequences. The alleged sexual assault victim can use a false allegation to get revenge, get attention, gain sympathy, or other ulterior motives. The alleged victim can even seek monetary compensation through a civil lawsuit. In some cases, alleged sexual assault victims can even self-inflict wounds in an attempt to verify their false sexual assault claims.

What to Do If You Have Been Falsely Accused of Sexual Assault?

It can be shocking and overwhelming to be falsely accused of sexual assault. We understand that it can be challenging to stay calm in such a situation, but that’s what you need to do. Any aggressive behavior towards the accuser can harm your case. A common mistake is to think that because you did not do anything wrong, you automatically have a strong case and have nothing to worry about. However, if you do nothing, you could find yourself in trouble.

A good response to a sexual assault allegation is to consult an experienced attorney. Picking the right attorney to represent you is important as they need to have experience with similar cases and must be well-versed in laws related to sexual assault in Las Vegas.

Another important step is to educate yourself about matters related to sexual assault laws. While you don’t have to become an expert, a basic understanding will help you make informed decisions about your case.

You can also start gathering evidence that can support your case. For example, you can begin working on a witness list or consider scientific testing to disprove the allegations against you. If you are not sure what type of evidence will be admissible in court, seek guidance from your attorney.

What are Common Legal Defenses to Sexual Assault?

The defendant can use different legal strategies to defend against the criminal charges. A common strategy is to use false memories of sexual assaults. In this strategy, the defense lawyer will try to prove that the victim had a memory that felt so real that they are convinced that the assault happened, even if it didn’t occur.

Another strategy often used by defense lawyers is to prove that the alleged victim intentionally reported a false crime due to an ulterior motive, such as revenge, to draw attention, generate sympathy, or create an alibi.

Contact a Sexual Assault Lawyer

If you have been charged with sexual assault, it is imperative that you don’t waste time and get in touch with an experienced criminal defense attorney as soon as possible. Any type of sexual assault charge should be taken seriously as it can have a major impact on your life, including causing harm to your reputation, emotional suffering, and other damages. The earlier you get an attorney involved, the greater impact they can have on your case.

You can contact us at Spartacus Law Firm to schedule a consultation with one of our attorneys. We have a highly experienced team of sexual assault lawyers with a deep understanding of the criminal justice system and how to defend against sexual assault charges. You can learn more about us on our website.

Las Vegas Criminal Defense ATTORNEY