Statutory Sexual Seduction (Statutory Rape)
The State of Nevada created the statutory sexual seduction statute, often called “statutory rape” in other states, to criminalize any consensual act of sexual penetration by an individual who is older than the alleged victim when the alleged victim is deemed too young to consent to the act of sex.
It can be a confusing law because intent is not an element of the law. Some people claim that they did not realize their sexual partner was underage, or the partner lied outright about his or her age. Under Nevada law, if you engage in consensual sex with someone underage no matter what your state of mind it is still considered a crime.
Las Vegas Statutory Seduction Defense Attorney
At the Law Office of Joel M. Mann, we believe that one mistake should not negatively affect the rest of your life. In these statutory sexual seduction cases, there are several defenses that can help resolve your case. Call Joel Mann if you want an attorney that will fight to get the charges dismissed so that these allegations will not affect the rest of your life.
Nevada Statutory Seduction Law Explained:
Definition of Statutory Sexual Seduction under NRS 200.364(5)
Under Nevada Revised Statute Section 200.364, statutory sexual seduction is defined as: "ordinary sexual intercourse, anal intercourse, cunnilingus, or fellatio committed by a person 18 years of age or older with a person under the age of 16 years old."
Penalties for Statutory Sexual Seduction under NRS 200.368
- Any act of statutory sexual seduction committed by a person who is 21 years of age or older as a category C felony.
- If the person accused of the offense is under the age of 21 then the offense is punishable as a gross misdemeanor.
Age of Consent
Nevada law states that age 16 is the legal age for consent. Therefore, if an 18-year-old has sexual relations with a 15-year-old (even if the relationship was consensual) then the 18-year-old could be prosecuted under Nevada’s statutory sexual seduction law.
Force not necessary
Unlike sexual assault which requires a showing that the acts were against the victim’s will, a prosecution for statutory sexual seduction can occur even if the acts were consensual. It is out of the underage person’s hands as to whether to press charges or not.
A prosecution can still go forward even without the alleged victim because this statutory law is put into place to protect young people from being taken advantage of by older individuals.
Knowledge of Age Unnecessary
The "statutory" nature of the offense relates to the fact that a prosecution can occur even if the person accused does not know that the alleged victim is under the age of consent.
In other words, the offense is a strict liability offense and the prosecutor does not need to show knowledge of age as an element of the crime.
Even reasonable mistake of fact as to the age of a victim is not a defense to the crime of statutory sexual seduction under NRS 200.364.
Law Office of Joel M. Mann | Las Vegas Statutory Seduction Defense Attorney
If you have been accused of the serious criminal offense of statutory sexual seduction, then contact an experienced sex crime defense attorney. Joel Mann has defended clients against a wide range of sex crime allegations. Contact an attorney experienced in defending false allegations of sexual assaults to discuss the particular facts of your case.