Defense Attorney for Allegations of Sexual Assault in Las Vegas
Sexual assault constitutes one of the most serious offenses under Nevada law. Often called “sexual battery” or rape in other states, sexual assault under the Nevada Revised Statute Section 200.366 involves an allegation of sexual penetration without consent. In some cases, a criminal accusation is made days or even weeks after the alleged event. The prosecution of the case can proceed to trial even when no physical evidence supports the accusation. Since many of the alleged crimes occur in a private setting, numerous, false or exaggerated allegations do occur. The police can arrest a person on just the statement of the alleged victim. This forces the person facing a false accusation of sexual assault to fight a very difficult and public battle to clear his or her name.
If you have been accused of sexual assault in Clark County, contact the Law Office of Joel M. Mann to discuss the accusations made against you before you speak to law enforcement about the allegations. Your attorney is often in the best position to gather favorable evidence overlooked by the police. Joel Mann can secure physical evidence that might be lost with the passage of time and fight for the dismissal of the sexual assault charges.
Sexual Assault Information Center
Back to top
Definition of Sexual Assault under Nevada Law
Under Nevada Revised Statute Section 200.366, the crime of sexual assault involves sexual penetration against the will of the victim or when the victim is physically or mentally unable to consent or resist to the act. The lack of consent can result from the resistance of the victim to the act, the age of the victim that renders consent impossible, the victim's drug impairment or alcohol intoxication, or mental disability.
Pursuant to Nevada Revised Statute 200.373, even a husband can commit an act of sexual assault against his wife if at the time of the assault; there was the threat of force or actual force. Law enforcement officers often make an arrest decision without the benefit of knowing all of the facts of the case, the motives of the witnesses to make a false report, or prior difficulties of the parties involved.
Penalties for Sexual Assault in Nevada
Sexual assault is a category A felony which carries certain penalties that depend on the age of the alleged victim and whether it is alleged that any substantial bodily harm resulted from the act.
If the alleged victim of the sexual assault is 16 years old or older:
If the alleged victim of the sexual assault is a child under 16 years of age (applies to children who are 14 or 15 years of age at the time of the offense)
If the alleged victim of the sexual assault is a child under the age of 14 years old:
Enhanced Penalties Apply If Prior Convictions Exist
Certain enhanced penalties result in a sentence of life without any possibility of parole if the defendant has previously been convicted of any of the following offenses:
Statute of Limitations for Sexual Assault
Below are the statute of limitations for Sexual Assault in Nevada:
False Allegations of Sexual Assault
Many individuals are surprised to learn about the limitations placed on the defendant at trial. Under Nevada's rape shield laws, before a person accused of sexual assault can introduce evidence of the alleged victim's prior false accusations of sexual assault or sexual abuse, the defendant must file a "notice of intent to cross-examine and present evidence regarding such accusations."
After the notice is filed, the court will conduct a hearing outside the presence of the jury to examine the need for such questioning and whether any corroborative evidence supports the questioning. The defendant has the burden of making the following showing at the hearing:
Such notice requirements are rare in criminal cases other than sexual assault (rape) and statutory seduction (statutory rape) cases.
Nevada's Chapter 200 - Crimes Against the Person - Includes links to Nevada's sexual assault and seduction statutes including legislative findings, rules regarding confidential records, procedures for keeping a victim's name confidential and using pseudonyms, and other information concerning the rights of victims and those accused of sexual assault.
Nevada Coalition Against Sexual Violence - Open coalition and charitable organization that provides statistics, studies, and other information on dating safety, sexual harassment, and survivor information, Nevada's sex offender registry, sex offenders map for Nevada's sexual offender registry, and the child assault prevention program.
Sexual Assault Support in Nevada - Provides information about Nevada's definitions and statutes regarding sexual assault and other sexually motivated crimes.
A rape, abuse, and domestic violence resource collection by aardvarc.org - Find information about Nevada's sexual assault information, support and resources in Las Vegas, Clark County, Nevada including the Las Vegas - Community Action Against Rape at Las Vegas' Rape Crisis Center.
Las Vegas Metropolitan Police Department: Sexual Assault Detail - The Sexual Assault Detail for the Las Vegas Metropolitan Police Department investigates crimes including open and gross lewdness, sexual assault, sexual assault on a minor, luring a minor, sexual conduct between teacher/student, pornography involving minors, and lewdness with a minor. In Las Vegas, other details such as "Vice" investigate allegations of child exploitation and prostitution in and around Las Vegas, Clark County, Nevada.
Law Office of Joel M. Mann | Nevada Sexual Assault Defense Attorney
If you have been accused of the serious criminal offense of sexual assault, then contact an experience criminal defense attorney. Joel Mann has defended clients against a wide range of sex crime allegations. Las Vegas sex crimes attorney, Joel Mann, is experienced in defending allegations of sexual assault throughout Clark County. Contact us today to discuss the particular facts of your case.
The Law Office of Joel M. Mann serves the greater Las Vegas area of South Nevada, including:
Clark County, Las Vegas, Henderson, North Las Vegas, Boulder City, Mesquite, Laughlin, Paradise, Spring Valley, Sunrise Manor, Enterprise, Winchester, Whitney, Summerlin South, Luxor, Excalibur, The Crystals, Hotel Mirage, Mandalay Bay, MGM Grand, The Palazzo, Bellagio, Caesar’s Palace, McCarran Airport, Nellis Air Force Base, University of Las Vegas UNLV
The information provided on this site is for general information purposes only. The information you obtain at this website is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your own individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Use of this website or submission of an online form, does not create an attorney-client relationship.
The hiring of a Las Vegas criminal defense attorney in Clark County Nevada, is an important decision that should not be based solely upon advertisements, informational videos, or an internet website. Before you decide which attorney to hire for your case, ask us to send you free additional written information about our qualifications and experience.Contact Us today for more information.
This website is sponsored by Joel M. Mann. Principal office located at: 601 South 7th Street. Las Vegas, NV 89101
Copyright 2010-2013 by Law Office of Joel M. Mann, CHTD
· Legal Website Design by Internet LAVA