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WHAT IS SEXUAL ASSAULT IN NEVADA?
Sexual assault in Nevada is defined as subjecting another person to sexual penetration, or forcing another person to make a sexual penetration on themselves or another, against their will or under conditions where they cannot consent. This includes what is commonly called rape.
WHAT THE PROSECUTION MUST PROVE
To convict you of Sexual Assault in Nevada, the prosecution must prove each of the following elements beyond a reasonable doubt:
The defendant subjected the victim to sexual penetration
The act was against the victim's will or without their consent
OR the victim was incapable of consent due to age, intoxication, mental incapacity, or other factors
If the prosecution cannot prove any single element beyond a reasonable doubt, you cannot be convicted.
PENALTIES FOR SEXUAL ASSAULT IN NEVADA
Sexual Assault (Adult Victim)
Category A felony. Life in prison with possibility of parole after 10 years. If substantial bodily harm, life without parole.
Sexual Assault (Child Under 16)
Category A felony. Life in prison without possibility of parole if victim is under 16 and substantial bodily harm occurs.
Additional
Mandatory lifetime registration as a sex offender. Possible civil commitment as a sexually violent predator.
THOMAS'S DEFENSE TIPS
Insights from Thomas Boley — Las Vegas criminal defense attorney with 18+ years defending sexual assault charges
Sexual assault cases are often 'he said/she said' situations where the credibility of the accuser is central. Inconsistencies in the accuser's account — across police reports, medical records, and testimony — are critical to the defense.
Consent is a complete defense to sexual assault. Evidence of prior consensual sexual contact, communications before and after the alleged incident, and the circumstances of the encounter all bear on consent.
False accusations of sexual assault do occur — particularly in contentious divorce or custody proceedings, or after a relationship ends badly. A thorough investigation of the accuser's motive is essential.
Forensic evidence in sexual assault cases must be carefully scrutinized. DNA evidence is powerful but not infallible — contamination, mishandling, and misinterpretation all occur.
Never speak to police about a sexual assault allegation without an attorney. Even innocent explanations can be twisted into admissions.
The above represents general observations from years of criminal defense practice in Nevada. Every case is different — contact Thomas for advice specific to your situation.
COMMON DEFENSES TO SEXUAL ASSAULT
Every case is unique, but these are the defenses most commonly raised in sexual assault cases in Nevada:
Consent — the sexual contact was mutually agreed upon
Mistaken identity
False accusation motivated by revenge, custody dispute, or financial gain
Insufficient evidence — no corroboration of the allegation
Challenging DNA or forensic evidence