What constitutes as sexual assault? And what are the charges laden on it? Probe this presentation from Atty. Ross Goodman to know! You can also read the blog version here: https://goo.gl/CPB2SZ

1. Sexual Assault as defined by NRS

2. Sexual assault is rampant in Nevada and is one of the crimes that fill the time of
the state’s investigators. In 2014, CNN ranked Nevada as the 36th out of the 50
states where rape is most common. By the first half of 2016, at least 800 sexual
assault cases are reported in Las Vegas. This took an even staggering turn as by
the following year, which is 2017, murder and robbery rates dropped but sexual
assault cases increased even more, finishing to 1,249 cases by the end of the said
year.
Sexual assault does not only damage the physical body of the but also the soul of
the victim. This is why it is not surprising that the city of Las Vegas and the entirety
of Nevada is becoming ultra-vigilant when it comes to this crime. The Nevada
Revised Statutes (NRS) shows the grounds that constitutes as sexual assault/s and
what would happen if someone is charged with it. Read below to learn sexual
assaults as defined by NRS.

3. According to NRS 200.366, you are committing sexual
assault if you subject another person to sexual
penetration either by yourself or another person. It
also covers coercing a certain individual to perform sexual
penetration to himself or herself, to another person, or to a beast
against their will and consent.
Sexual penetration is defined as intercourse between genitals,
fellatio, or any form of intrusion to the private areas (including anal
openings). It does not matter if it is done on a slight degree or
another object is used for penetration, it still counts as sexual assault
if done against the victim’s will.
How does the NRS define sexual assault?

4. What are the penalties of sexual assaults as defined by NRS?
Still according to NRS 200.366, a person guilty of sexual assault is subjected to:
• Life imprisonment without possibility of parole
• Life imprisonment with the possibility of parole after 15 years of sentence
If there are no physical injuries sustained from the sexual assault, the perpetrator could
avail parole after 10 years in prison.
Now, if the sexual assault was done to a child, there are even graver penalties one must
face. If the child is under 16 years, it is a category A felony charge which includes life
imprisonment with the possibility of parole only after 25 years of sentence. If there are
bodily harm done to the child, no parole would be granted.
For children under 14 years old, it will take 35 years of prison sentence for parole to be
possible as long as the child victim did not suffer bodily harm. Perpetrators of under 18
years old are not covered by these laws as they are minors. These penalties are reserved
for adults. Some of the factors here also make up other sexual offenses to children such
as lewdness with minors.

5. How are the victims protected?
To prove the culprit’s crimes, a victim of sexual assault should report the
offense, cooperate with investigations, and testify in the court. During
these times, the victim should be protected as they can be harassed in the
public or grow their own insecurities because of the stigma.
According to NRS 200.3771 and 200.3772, to protect
victims of sexual assault, documents that show their
names, photographs, testimonies, criminal history, and
other personal information should be confidential.
But when the victim’s files call for a release, the court should authorize on
conditions that the issuance will not personally harm the victim or that a
good outcome will come from it. Defendants have the right to know
personal information of the victim as so they can prepare their defenses.

6. What defenses can you use against charges of sexual assaults?
Claiming your innocence
Stand by your words and it will show if the prosecutor does not have enough
evidence to debunk you. Obviously, to strengthen your innocent stand, you will
need powerful alibi and other evidences.
There is consent coming from the plaintiff
While this is particularly difficult to prove, it can be the key to the overall
abolishment of the case.
Insanity or mental incapacity defense
You can counter that you were suffering mental illness at the time and therefore
have no proper judgment during the time of the encounter. Of course like the other
defenses, you need hard proof.

7. Being accused for sexual assault is a daunting thing as the entire state is
against you. If you believe you are falsely charged and you have
evidence to prove it, seek the aid of a criminal defense attorney that
specializes in sexual assault. To learn more about NRS 200.366 and what
is included on its sexual assault definition, read the particular NRS
section.
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