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What is the legal definition of sexual assault?

According to NRS 200.366, sexual assault, also known as rape, is the following:

“A person who subjects another person to sexual penetration, or who forces another person to make a sexual penetration on himself or herself or another, or on a beast, against the will of the victim or under conditions in which the perpetrator knows or should know that the victim is mentally or physically incapable of resisting or understanding the nature of his or her conduct.”

Other than murder, rape is considered the most serious offense that can be committed—leading to severe penalties. The possibility of parole depends on certain circumstances surrounding the case—including whether the victim suffered substantial injury, the age of the victim, and more.

Various Sexual Assault Crimes In Los Angeles

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
  • Incest
  • 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.

Do not hesitate to contact a Las Vegas criminal defense lawyer at our law offices to see how we can protect your rights even in the face of a rape accusation.