Apart from murder, sexual assault is the second major offense in Nevada. At The Law Office of Jess Marchese, we know all too well the difficulties that convicted sex criminals have adjusting to normal life again when released from prison. This should be avoided at all costs and a sex crimes lawyer should be working aggressively for you to stop this happening.
Our firm has years of experience fighting for just penalties for individuals accused of sex crimes, which includes: rape and sexual assault. We often resolve issues surrounding sex crimes without any need for a trial.
There are many ways that sex crimes are defined. Examples of minor offenses are groping, touching or exposure without the consent of the victim, while major offenses include rape.
Minor Sex Crimes
In a situation where someone touches another person in a sexual manner, but does not actually involve sexual contact, he/she could then be charged with an offense called open and gross lewdness.
A common type of minor sex crime is groping. The difficulty for the prosecution with all sex offenses of this nature is proving that the alleged offender
- Actually carried out the offense on the victim
- Carried it out without the consent of the victim
A minor offense is indecent exposure, which may receive no more than a year in jail, a fine, a period of community service, counseling or probation.
Major Sex Crimes
In Nevada, sexual assault, or rape, is legally defined under NRS 200.366. It can be described as the offense that takes place when a person demands that another person allow sex without consent.
In some situations, the offender knows that the victim is unable to resist, either mentally or physically, or does not understand what is going on.
Rape is the most serious sex crime you can be accused of, but the situation in which sexual assault takes place is often not easy to pin down. This means it is even more important for the accused to employ a lawyer to get the true facts of the alleged crime.
Often, sexual assault occurs behind closed doors with no witnesses other than the offender and the victim. Only the offender and the victim are available to provide the facts.
As a result, there are a number of aspects that can confuse the issue in alleged sex crimes that can make it harder for the prosecution to prove their case. This includes:
- False allegations by the alleged victim
- Lack of proof of a physical assault, common when the assault is not reported immediately after the actual event
- Consent or perceived consent by the alleged victim
Law enforcers know that innocent individuals are commonly accused of sex crimes. This could be when the victim is angry, wants to seek revenge or is jealous. When an accusation is made, it has to be proved that the event took place. If there is any uncertainty, then the charge may be dismissed.
This is when a defense lawyer is essential, as he or she will investigate the event to establish the true facts and ensure that any doubt is identified, so that the alleged criminal is treated fairly. Most commonly, the amount of proof determines whether the sex crime actually took place.
Penalties Imposed on Sex Crimes Offenders
The usual punishment for a Las Vegas sex crimes conviction depends on:
- The victim’s age
- The victim’s injuries
- The previous criminal history of the accused
If serious injuries occur as a result of rape, for example, then the sentence given could be:
- Life imprisonment with no chance of parole
- Life imprisonment with the chance of parole after fifteen years
If the victim is less than 16 years old than the penalties are stiffer.
Finding the Right Lawyer
The most extreme of sex crimes – rape – is often reduced to a lesser crime because of lack of proof.
It is so easy for a person accused of a sex crime to be convicted for something that they did not necessarily do. This makes it essential to contact a criminal defense attorney who will make sure your rights are upheld and help to get your charge reduced to a lesser one.