Elements of a Sexual Assault Claim in Las Vegas
Participating in sexual activity with a person against his or her authority is a crime in Las Vegas known as rape or sexual assault. This crime comes with serious punishments, including time in prison and registering on the sex offender list. While there are several ways an experienced Las Vegas defense attorney can defend the accused, many people are unaware of the elements of a sexual assault claim. Today, Lobo Law will break down those elements and show you what can make a sexual assault claim fail.
Nevada Law on Sexual Assault
Nevada law states that penetration without consent of the other person is sexual assault. The law also states that when one forces another to make a penetration on him or herself against the person’s will is also sexual assault.
It doesn’t matter where the penetration occurs. Any form of penetration is rape or sexual assault. This law applies to marriages too.
Please be aware that the age of consent in Nevada is 16, according to NRS 200.364.
Elements of Sexual Assault
For an accuser to prevail on a sexual assault claim in Las Vegas, certain requirements must be met. In the legal industry, we call these requirements the elements. Two of the most important elements of sexual assault claims include:
- Consent
- Penetration
Consent is basically is an agreement to participate. If an accuser offers consent and actually agrees to take part in the sexual act, the claim fails. Consent comes in different forms. Consent can be found in text messages and can also be identified in non-verbal acts.
Penetration means insertion. Insertion of a body part or object applies here as well. If there was no type of penetration, the claim fails.
Keep in mind that an act such as grouping or bottom pinching does not constitute or rise to the level of rape or sexual assault. In the event of these types of acts, other laws and penalties would apply. But forced penetration must occur in order for the accuser to prevail with a claim of sexual assault.
Recent Accusation of Sexual Assault in Las Vegas
The Las Vegas Review-Journal reports that a Minnesota man was arrested and charged with sexual assault.
The report states that the man is accused of luring a woman to his car in the New York-New York Hotel & Casino parking garage where he gave her a ride and later forced her to perform a sexual act on him in the car.
The Las Vegas Metropolitan Police Department (LVMPD) states that the man had a sex crime in 2008 out of Minnesota.
If You are Facing a Sexual Assault Charge, Call Lobo Law.
If you’re dealing with a sexual assault charge, you need an experienced Las Vegas sexual assault lawyer on your side. Adrian Lobo is an aggressive and compassionate lawyer who will work to get you the results you deserve. When results matter the most, call Lobo Law at 702-290-8998 to schedule a consultation.
Resource:
reviewjournal.com/crime/sex-crimes/las-vegas-high-roller-accused-of-sex-assault-kidnapping-1837175/
https://www.lvcriminallawfirm.com/nevada-sexual-assault-survivors-bill-of-rights-signed-into-law/
