In Nevada, sexual assault is defined as contact or penetration of a sexual nature carried out without the victim’s consent and using force, the threat of force, or violence. The victim may be a human or an animal. Before, during, or after the sexual assault, the victim could sustain serious bodily harm as a result of the assault.
If the victim does sustain substantial physical harm, the defendant will likely receive a heavier sentence.
Depending on the victim’s age and whether they suffered any substantial physical harm, sexual assault in Nevada carries a range of punishments. The following are the legal repercussions for sexual assault in cases where the victim did not sustain substantial bodily harm:
When the victim is a minor under the age of 14, the sentence is life with the chance of release after 35 years.
Any physical injury brought on by a person committing a crime like sexual assault constitutes serious bodily harm, whether on purpose or accidentally. The injury significantly impairs the victim’s comfort or health. In addition, the injury is long-lasting rather than just momentary.
Serious physical injuries that could happen during a sexual assault include:
Serious physical harm can alter the course of a criminal case. A case where a minor crime is upgraded to a felony can occur, for example, if the victim of the act suffered substantial bodily harm.
For instance, a battery charge is often a misdemeanor, but if the battery results in substantial physical harm to the victim, the defendant would typically be charged with a felony.
Another illustration of this is when a DUI charge that was originally a misdemeanor is upgraded to a felony because the DUI incident resulted in substantial bodily harm to one or more victims. Therefore, it is commonly accepted that substantial physical harm is one of the “aggravating circumstances” that might transform a misdemeanor crime into a felony offense.
Serious bodily damage offenses are often penalized as felonies, which include penalties and prison terms of at least one year.
If the victim of a sexual assault suffered substantial physical harm, the offender faces the following punishment:
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 they are 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:
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 the use of extreme force, and in certain countries, threats are also sufficient.
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 purposes will almost certainly always be perceived as aggressive.
Last but not least, the force factor is still satisfied if the individual being touched is unable of agreeing 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.
Before it is too late for the D.A. to file charges, rape victims have twenty (20) years after the incident to report the rape to authorities. Additionally, there is no time limit if the victim reported the rape to the authorities within 20 years of the incident or if DNA identifies the suspect.
However, the longer there is between the alleged rape and when the victim reports it, the more difficult it is for the prosecution to establish culpability. The longer it takes, the more likely it is that tangible evidence will dissipate, witnesses’ recollections will deteriorate, and video surveillance will be lost.
There are some additional potential defenses to accusations of sexual assault in addition to the medical and parental exemptions mentioned above. Consent to a sexual encounter is one line of protection. Sexual assault won’t occur if the touching isn’t desired.
A person can demonstrate consent through their words or actions. For instance, if there was no compulsion involved, saying “kiss me” could establish consent. Just because a person is married does not guarantee that they will always provide their consent, so keep that in mind. Spouses are still capable of sexually abusing their partners.
Insanity or weakened mental capacity could be used as a defense as well. Because they were acting recklessly, the individual who committed the assault might no longer be held accountable for their conduct. However, this is considerably more difficult to demonstrate and could still result in the person being committed to a facility for treatment.
Particularly if the victim sustains major physical harm, sexual assault is a serious offense that carries a heavy penalty. If you are accused of sexual assault in Nevada, get in touch with a Nevada criminal defense attorney.
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