Can I Be Convicted of Sexual Assault Without Evidence?
No. There must be evidence. However, that’s just half the story. The real question is, what kind of evidence is required in order to get a conviction? In Las Vegas, the only evidence required is a victim’s testimony. That’s it. At Lobo Law, we know that results matter the most. If you’ve been charged with sexual assault against a visitor or while you yourself were visiting Las Vegas, you deserve a fair fight. Never take chances on your future. Contact an experienced sex crime defense lawyer who can level the playing field and give you a chance of keeping your good name and clean record.
To better understand how you can potentially be accused and convicted of a serious sexual assault crime solely based on testimony, here are some key points to remember.
What is Sexual Assault in Nevada?
Under Nevada Revised Statutes, Section 200.364, sexual assault is carefully defined. Here are the basic elements of sexual assault against an adult. Keep in mind that crimes against children are an entirely different matter.
- There was an act of sexual penetration
- The act was performed with force against the victim’s will OR under circumstances where the victim is mentally or physically incapable of resisting or consenting
The last part of that definition is extremely important, because essentially it means if the alleged victim cannot resist or understand and appreciate the nature of the act, then it is sexual assault.
Situations That Are Sexual Assault
All of the following scenarios could arguably constitute sexual assault and lead to an arrest, even if you don’t think of them that way:
- Sex with a drunk person
- Sex with an unconscious person
- Sex with someone by trickery or deceit (e.g. wearing a mask or lying about who you are)
- Sex with a mentally disabled or cognitively impaired individual
- Sex with someone who is impaired by drugs or medications
- Sex with someone who initially consented but changed their mind
What is Evidence of Sexual Assault?
Here is where a lot of people get confused. Many accused individuals think that “evidence” means semen, video, photographs, or witnesses. And while all of these things are indeed evidence, so is testimony. The law considers evidence to be anything that has a tendency to help a jury reach a conclusion. A victim’s own testimony is indeed evidence. A jury could hear the victim’s story and be compelled to believe it beyond a reasonable doubt, even in the absence of any of the other types of forensic evidence you would normally expect. Therefore, it’s extremely important to work with a criminal defense lawyer who can help to position your case for a dismissal rather than a trial, if at all possible.
How Lobo Law Can Help
If you’ve been charged with sexual assault or a related crime in Las Vegas, an experienced criminal defense lawyer is here to help. At Lobo Law, we don’t just wait for the prosecutor to build a case against you. We often rely on our own private investigators to gather information and evidence of your innocence.
We aggressively review the government’s evidence and build a strong defense. Many times, this is enough to get the government to drop its case or reduce the charges to something more manageable and with less severe consequences. If your case has to go before a jury, you’ll have an aggressive defense lawyer on your side to argue your case. So call Lobo Law PLLC in Las Vegas today, and do not leave your case to chance.
Resource:
leg.state.nv.us/NRS/NRS-200.html
https://www.lvcriminallawfirm.com/california-moves-to-lift-all-time-limits-on-reporting-rape-cases/
