Nevada Law on Sexual Assault

Nevada law states that penetration without consent of the other person is sexual assault. The law also states that when one forces another to make a penetration on him or herself against the person’s will is also sexual assault.

It doesn’t matter where the penetration occurs. Any form of penetration is rape or sexual assault. This law applies to marriages too.

Please be aware that the age of consent in Nevada is 16, according to NRS 200.364.

Elements of Sexual Assault

For an accuser to prevail on a sexual assault claim in Las Vegas, certain requirements must be met. In the legal industry, we call these requirements the elements. Two of the most important elements of sexual assault claims include:

• Consent
• Penetration

Consent is basically is an agreement to participate. If an accuser offers consent and actually agrees to take part in the sexual act, the claim fails. Consent comes in different forms. Consent can be found in text messages and can also be identified in non-verbal acts.

Penetration means insertion. Insertion of a body part or object applies here as well. If there was no type of penetration, the claim fails.

Keep in mind that an act such as grouping or bottom pinching does not constitute or rise to the level of rape or sexual assault. In the event of these types of acts, other laws and penalties would apply. But forced penetration must occur in order for the accuser to prevail with a claim of sexual assault.

Recent Accusation of Sexual Assault in Las Vegas

The Las Vegas Review-Journal reports that a Minnesota man was arrested and charged with sexual assault.

The report states that the man is accused of luring a woman to his car in the New York-New York Hotel & Casino parking garage where he gave her a ride and later forced her to perform a sexual act on him in the car.

The Las Vegas Metropolitan Police Department (LVMPD) states that the man had a sex crime in 2008 out of Minnesota.

If You are Facing a Sexual Assault Charge, Call Lobo Law.

If you’re dealing with a sexual assault charge, you need an experienced Las Vegas sexual assault lawyer on your side. Adrian Lobo is an aggressive and compassionate lawyer who will work to get you the results you deserve. When results matter the most, call Lobo Law at 702-290-8998 to schedule a consultation.

Resource:

reviewjournal.com/crime/sex-crimes/las-vegas-high-roller-accused-of-sex-assault-kidnapping-1837175/

https://www.lvcriminallawfirm.com/nevada-sexual-assault-survivors-bill-of-rights-signed-into-law/

• The right to know whether an analysis of an evidence kit produced DNA from a defendant;

• The right to consult with an advocate during a forensic medical examination or interview with a law enforcement official, prosecutor, or defense attorney; and

• The right to be protected from the defendant and persons acting on behalf of defendant. This includes the court making efforts to provide the survivor, family, friends and witnesses of the survivor a secure waiting area or room that’s separate from the defendant.

On top of these and other rights of the survivor, the Bill extends the retention of sexual assault evidence kits to 20 years.  With the rights of survivors in mind, here’s what you need to know about sexual assault accusations and how to protect your own rights.

What You Need to Know About Sexual Assault Accusations

The biggest hurdle for a defendant involved in a sexual assault case is the fact that physical evidence is not necessary in order to be convicted of the crime. The accuser’s statement alone is enough evidence to obtain a conviction if the person is believed beyond a reasonable doubt.   This does not mean that defendants do not deserve the opportunity to be heard and treated fairly by the police, the prosecutors and the court.

If you’re facing a sexual assault allegation, you need an experienced and knowledgeable criminal defense attorney. Sure, sexual assault cases are complex with a myriad of legal issues. But there are two primary strategies and defenses your attorney can use to dispute the allegation and prevent a conviction:

1. Consent–

Consent is simply an agreement to do something or the permission for something to happen. If your accuser is legally able to consent (because they are over 18 years of age); and factually able to consent (meaning that the accuser cannot be so intoxicated that they are not able to voluntarily consent) and the accuser willingly participated and allowed it to happen, your behavior is not considered criminal.

In sexual assault cases, proving consent boils down to your word against your accuser’s. Evidence your attorney may use to prove consent include showing statements from your accuser in the form of emails or text messages. Videos may also be used as evidence in proving consent.

2. False Allegations

A report in October 2018, shows that the Las Vegas Justice Court dropped the sexual assault charges of four California dentists. The case was dismissed after cell phone videos and other facts revealed the allegations were “completely fabricated.”

It’s important to note that some accusers make false accusations for various reasons — financial gain, for attention or purely out of anger. If your accuser is falsely accusing you of sexual assault, the accuser is not the victim – you are.

Accused of Sexual Assault in Nevada? A Skilled Criminal Defense Attorney Can Help

If someone is accusing you or someone you know of sexual assault in Las Vegas, contact Lobo Law now. Adrian Lobo is an experienced Las Vegas sexual assault attorney with over a decade of handling sexual assault cases. She will work with you to develop the best defense for your case and get you the results you deserve. Call Lobo Law at 702-290-8998 to schedule a consultation today.

Resources:

reviewjournal.com/crime/courts/charges-dropped-against-4-dentists-accused-of-rape-in-las-vegas/

leg.state.nv.us/App/NELIS/REL/80th2019/Bill/6279/Text