Frequently Asked Questions
Can The Record Be Sealed For Statutory Sexual Seduction Charges?
The defendant can immediately seal the record if the charge is dropped, regardless of whether it was a gross misdemeanor or a felony. After two years have passed since the conclusion of the case, gross misdemeanor statutory sexual seduction convictions may be sealed. A felony conviction cannot be sealed if you are found guilty.
What Are The Defenses Of Statutory Rape Charges?
Statutory sexual seduction is an allegation that can be difficult to defend against, as it is a strict liability crime. Hiring an experienced Las Vegas statutory sexual seduction attorney is highly recommended. This means that the prosecution does not have to prove that you had any intent to commit the crime. However, there are some defenses that may apply:
- Lack of Evidence – If the prosecution cannot irrefutably prove every element of the crime as they have described, then you should not be held accountable for said charges.
- False Allegations – This is a similar concept to the other two defenses in that it rests on establishing a reasonable doubt about the charges, however, it is reasonable to doubt about the facts of the allegations, rather than a reasonable doubt regarding any of the elements of the crime. However, Nevada’s Rape Shield Law states that prior sexual conduct of an alleged victim cannot be used against her unless it relates to prior false reports.
- Age – Statutory sexual seduction only applies to children aged 16 or younger. If the child is older, then charges of statutory sexual seduction cannot be pressed.
What’s The Difference Between Rape And Statutory Rape?
Rape occurs when an individual forces another individual to have sexual relations against their will. Statutory rape applies when the government has passed laws that state that, under certain conditions, even if both individuals consent to the act, it is still considered to be against the law.
Does Nevada Have A Romeo & Juliet Law?
Yes. Nevada has a “close-in-age exception” to statutory sexual seduction, also known as a “Romeo & Juliet” law. Close-in-age exemptions have been implemented in many states throughout the United States. These laws, known as “Romeo and Juliet laws” provide that a person can legally have consensual sex with a minor provided that he or she is not more than a given number of years older, generally four years or less. Minors ages 14 and 15 may have sex with teens less than four years older than them.
Contact A Las Vegas Statutory Sexual Seduction Attorney Today
If you were arrested in Las Vegas, Nevada on charges of statutory rape, the Spartacus Law Firm will fight for you. Our Las Vegas statutory sexual seduction attorney defends clients charged with sex crimes including sexual assault and open or gross lewdness. Never talk to a police officer about the allegations until you’ve spoken with a criminal defense attorney. To discuss your case in Clark County, Nevada, or the surrounding areas, contact us now.