Nevada Sexual Assault of a Spouse Attorneys

Sexual contact or touching performed on a spouse while under the influence of coercion, the threat of force, or actual physical violence is known as marital sexual assault. One spouse’s refusal to consent to the sexual contact qualifies as sexual assault between spouses.

Are Sexual Assault and Sexual Assault by Spouse the Same Thing?

Yes. The two charges are nearly identical under Nevada law. The distinction is that spousal sexual assault occurs between partners rather than strangers or people who are only dating.

What Exactly Qualifies as “Sexual Touching or Contact”?

In order to elicit sexual desire, sexual touching or contact is described as the knowing, intentional touching of an intimate or private portion of another. It is possible to touch someone directly on their body or indirectly through their clothing.

Inappropriately grabbing someone’s genitalia, even while covered by clothing, is one instance of behavior that qualifies as sexual touching. Other instances include attempting to engage in unwanted sexual activity or kissing someone without their permission.

Remember that this component of sexual assault may not always be satisfied by touching or contact with another person’s intimate or private areas. This comprises:

• Medical professionals only: Any touching of a person’s private areas while a medical professional is undertaking a clinical examination of a patient would not be regarded as contact of a sexual nature. However, this is not applicable if a person poses as a medical professional while not actually being one or when a legitimate medical professional makes inappropriate physical contact with a patient that is not necessary for medical care. This exception would not be applicable, for instance, if a medical worker fondled a patient while they were unconscious.
• Parental exception: Any touching of a child’s private areas while a parent is providing basic domestic services, such as changing a diaper or giving a bath, would not be regarded as sexual contact. The touching could be construed as sexual assault and child abuse, though, if it is not being done for a necessary household task.

How Does Sexual Assault Fulfill the Force Element?

As previously mentioned, contact for the crime of sexual assault is typically made through force, the threat of force, or violence. However, the force employed does not always have to be violent; it could simply be making contact. This part of sexual assault does not require extreme force.

The degree of force is dependent on the person being touched because force can be subjective. For instance, a youngster acting inadvertently requires far less force than an adult acting to their full ability. No matter how insignificant the contact, touching a child without parental consent for domestic care will always be perceived as aggressive.

Last but not least, the force factor is still satisfied if the individual being touched cannot agree because they are physically incapable of doing so. Examples of this include those who are unconscious or have passed out after drinking or doing drugs. Charges of rape may also be justified in certain circumstances.

Sexual Penetration: What Is It?

Invasion by sexual agents is:

• Sexual activity
• Fellatio/Cunnilingus
• Sodomy
• Any penetration of a spouse’s body, no matter how tiny the penetration
• Any insertion or manipulation of a foreign item into a spouse’s anal hole or genitalia

Is Marital Status in Nevada a Defense to Sexual Assault?

The fact that the accused was married to the victim is not a defense to a sexual assault charge. This is so that not all sexual activity is automatically consented to upon marriage.

What Is the Penalty for Sexual Assault Against the Spouse?

In Nevada, a person convicted of spousal sexual assault may get a life sentence with the possibility of release after ten years. However, the criminal will likely serve a longer prison sentence if the spouse is seriously hurt. If the offender causes substantial bodily harm to their victim, they could receive a life sentence without the chance of parole or a life sentence with the option of parole after 15 years.

What Is Marital Violence?

Nearly all states in the U.S. did not view raping your spouse as a felony until the 1970s. In fact, “spousal rape exceptions,” which prevent the prosecution of rapes where the victim is the attacker’s spouse, are frequently incorporated in rape legislation. Thankfully, things have changed since then, and marital rape is now illegal in all 50 states and Washington, D.C.

However, not all states have the same rules, and many still place limitations on allegations of marital rape. Although marital rape is now regarded as a crime, victims may face additional legal challenges that do not apply to other rape victims to be prosecuted.

What Are the Current Defenses Against Domestic Violence?

In one of three ways, marital rape was made a crime in each state.

The Neutral Approach: Removing the Spousal Rape Exception
Most governments simply repealed the exception for marital rape, which was the simplest course of action. This enables marital rape to be prosecuted similarly to other rapes, regardless of the victim’s and aggressor’s relationship. Although the rules themselves may have been changed to be nominally neutral on the subject, prosecutors and judges still have a lot of latitudes to decide whether or not marital rape constitutes a crime.

Proactively Eliminating Marriage as a Defense: Explicitly Doing So
The legislation is made more explicit in several states, including Washington, D.C. In this case, the law specifically states that marriage is NOT a defense to any allegations of rape or sexual assault and addresses the conventional assumption that perhaps rape cannot occur in marriage in addition to just eliminating the exception from the laws (a presumption that is not addressed in the previous “neutral” approach).

Creating a New Offense for Marital Rape: The Separation Approach
Legislators in the seven remaining states addressed the issue by designating marital rape as a distinct offense. However, in almost every jurisdiction, the punishments for spousal rape are typically significantly less severe than those for “regular” rape.

Are There Any Other Difficulties in Pursuing Martial Rape Cases?

There are. The most typical is a reporting period that is substantially shorter than it would be for a typical rape. While the limits differ by state, the typical reporting threshold is between 30 days and one year (as opposed to up to 3 years for non-marital rapes).

Another distinction is the continued application of the outdated “threat of force” standard, according to which marital rape must involve the use of force or threats to physically constrain the victim (whereas most normal rape laws simply require a lack of consent).

Also, remember that only actual rape is covered by the marital rape statutes (i.e., penetration). Many states even criminalize the use of medicines to render the victim unconscious as a type of sexual assault if the victim is married to the offender.

Do I Need a Lawyer for My Case of Spousal Sexual Assault?

Sexual assault is a serious charge. If you have been charged with sexually assaulting your spouse, speak immediately with a criminal defense lawyer in Nevada. Use LegalMatch to find the right Nevada lawyer in your area today.