What is the legal definition of sexual assault?
At Okabe & Haushalter, our Las Vegas rape and sexual assault attorneys have extensive experience helping clients who are facing a range of criminal charges. This includes the following:
- Sexual Assault (NRS 200.366)
- Prostitution / Solicitation Of Prostitution (NRS 200.467)
- Statutory Sexual Seduction / Statutory Rape
- Child Molestation
- Capturing / Disseminating An Intimate Image
- Indecent Or Obscene Exposure
- Lewd Conduct
- Child Pornography / Possession Of Child Pornography
- Sexual Misconduct Between Teachers And Students
- Failure To Register As A Sex Offender
Understanding Rape Laws
Any person charged with and convicted of rape in Las Vegas will face significant penalties. The crime of rape in Nevada is punishable by 15 years to life in prison. Additionally, a person convicted of rape in Nevada will be required to register as a sex offender. In Nevada, the sex offender registry database is accessible to anybody. The offender’s personal information will be made public, including their photograph, name, address, vehicle, place of employment, and more. Those convicted of rape and placed on the sex offender registry will have a difficult time gaining employment, finding housing, attending school, or maintaining custody of their children.
It is important for any person who may be facing a rape allegation to understand that prosecutors in Nevada have a significant amount of time to file these charges. The statute of limitations for criminal sexual assault charges in Nevada is 20 years after the alleged incident. Previously, the statute of limitations was only four years after the date the alleged incident occurred. However, this was recently increased to the 20-year limit.
It is important to point out that this 20-year statute of limitations applies only to rape incidents that occurred or after October 1, 2015. Additionally, the law also allows prosecutors to file criminal charges at any time, even after 20 years have passed, so long as the victim files a police report within 20 years of the incident occurring.
Finally, a new law passed by the Nevada Assembly in 2019 says that there is no statute of limitations for criminal rape charges when the suspect is identified by DNA evidence.
How Will An Attorney Help Your Case?
A skilled Las Vegas rape and sexual assault defense attorney will handle every aspect of your case. At Okabe & Haushalter, our attorneys firmly believe that every person charged with a criminal offense deserves competent legal representation in court.
When a person is charged with a sexual offense, this immediately creates a biased against them. This bias is held by law enforcement and prosecutors as well as the media and the general public. This can be detrimental when trying to build a solid defense. It is crucial to have an attorney who will:
- Conduct An Independent Investigation Into The Incident That Is Parallel To The Investigation Conducted By Law Enforcement Officials And Prosecutors.
- Handle All Communication With Prosecutors In The Case And Engage In Good Faith Negotiations If Any Plea Deals Are Warranted.
- Fully Represent Their Client Both In And Out Of The Courtroom While The Case Is Ongoing.
Contact a Sex Crime Defense Attorney from Our Firm
Given the magnitude of the potential life-long consequences, if you or someone you know has been charged with rape, it is crucial to retain a skilled attorney to start building your defense. It is also of utmost importance that you exercise your right to remain silent until you have secured and consulted with your lawyer as saying the wrong things can be detrimental to your case.
At Okabe & Haushalter, we have dedicated our professional lives to advocating for the rights of the criminally accused. We are well versed and experienced in defending clients that are accused of rape and can provide you with the level of representation you need. A law firm is only as good as its record of success, and our lawyers possess a proven ability to win. We know how to put together highly effective defensive strategies and are committed to protecting our clients.
Legal Ramifications of Rape Charges
When the prosecution levies sexual assault and rape charges upon a defendant, their case must involve physical evidence such as blood or semen, skin or hair samples, or anything that carries traces of DNA. Sentencing for these types of crimes is as varied as the charges themselves, ranging from probation to a state prison sentence. Even if the more serious charges of sexual assault are dropped, the prosecution may also bring allegations of lewd conduct or indecent exposure to bear. The conviction may also result in mandatory sex offender registration.
Different Forms of Rape
There are many types of rape, all of which are illegal:
- Statutory Rape Is Sexual Intercourse With An Underage Individual. This Is Not Necessarily Nonconsensual But Because Of The Age Of The Alleged Victim, It Is Still Considered Rape.
- Spousal Rape Is Another Form Of Rape That Is Difficult To Understand. This Is The Forcible Rape Of A Spouse By Another Spouse, Usually Involving A Husband Raping A Wife.
- Date Rape Is A Type Of Rape That Is Perpetrated By An Alleged Victim’s Acquaintance.
Defenses to Rape Allegations
There are various defenses that could be used if a person has been charged with rape in California. Some of the most common defenses include:
- Consent: A Defendant Would Not Be Guilty Of Rape If The Alleged Victim Consented To The Sexual Activity. Additionally, A Defendant Would Not Be Guilty If They Actually Or Reasonably Believed That The Other Person Gave Consent To Sexual Intercourse.
- No Sexual Intercourse: In Order For Rape To Have Occurred, Two Parties Must Have Engaged In Sexual Intercourse. This Is A Precise Legal Definition Under California Law. It Is Possible To Have Committed Certain Sexual Acts That Did Not Include Sexual Intercourse, And Meaning Rape Charges Would Not Be Appropriate.
- False Allegations: False Allegations Happen All The Time In Las Vegas Sex Crimes Cases. This Includes False Allegations Of Rape. Some Of The Most Common Reasons That One Person Falsely Accuses Another Person Of Rape Include Jealousy, Anger, And Revenge.
At Okabe & Haushalter, our Las Vegas rape defense attorneys will investigate every aspect of your case and formulate the best possible defense on your behalf. We have the resources and legal expertise necessary to help you get through this serious allegation. We refuse to back down to aggressive prosecutors.
Penalties for a Rape Charge Conviction
Rape is considered a serious felony offense in California. Penalties for rape are outlined under California Penal Code 261 PC. This crime is punishable by:
- Custody In State Prison For Up To 8 Years
- Possible Felony Probation
A defendant can face an additional three to five years in prison if the victim in the case suffered from a great bodily injury during the commission of the offense. Prison time can also be increased if:
- The Alleged Victim Was Under The Age Of 18 (Up To 11 Years In Prison)
- The Alleged Victim Was Under The Age Of 14 (Up To 13 Years In Prison)
Additionally, most convictions of rape will require a person to register as a sex offender for the remainder of their life. When a person is required to register as a sex offender, most of their personal information will be made public online. The registered offender will have to register their primary address with their local law enforcement agency. Anytime a registered sex offender moves, they will have to report their new information to the local police department within five days. Registered sex offenders often face trouble when finding adequate housing, getting a job, or going to school.
Call Okabe & Haushalter for a Free Consultation
Legal representation who understands your case and its particularities are essential when faced with charges of sexual assault or rape. At our firm, we can examine all aspects of the prosecution’s case, including forensic details, to find any false data or mishandling of evidence. At Okabe & Haushalter, you will be represented by skilled Las Vegas rape defense attorneys. We have the knowledge and the legal experience required of the most demanding and challenging legal situations. Our lawyers have been involved in extremely high profile cases, such as those of O.J. Simpson and Michael Jackson. We have the ability to obtain a successful resolution in your case.
Contact a Las Vegas sexual assault attorney if you have been arrested.