In many jurisdictions, sexual assault is contact of a sexual nature done by force, threat of force, or violence, and committed without the consent of the victim. The sexual contact is done intentionally to an intimate body part of another. It can include penetration of a sexual nature, which is otherwise known as rape.
How Is Sexual Assault Defined in Nevada?
In Nevada, a person is guilty of sexual assault when they:
- Subject another to sexual penetration against their will
- Force another to make sexual penetration on them
- Have sexual intercourse or sexual contract with an individual who is mentally or physically incapable of consenting
- Subject a child under the age of 14 years to sexual penetration
- Subject an animal to sexual penetration
How Does Nevada Defined “Sexual Penetration” in a Sexual Assault Charge?
Sexual penetration refers to:
- Sexual intercourse
- Any intrusion into a body part, including the anus and genital region, of another with an object
Is a Sexual Assault Charge in Nevada a Misdemeanor or Felony?
In Nevada, sexual assault is a Category A felony. However, the exact potential sentence that a defendant may face depends on both the victim’s age and if there was substantial bodily harm inflicted upon the victim. If the victim is an adult, the person faces:
- Life without parole
- Life with the possibility of parole after 15 years if there was substantial bodily harm
- Life with the possibility of parole after 10 years if there was not substantial bodily harm
If the victim is under the age of 16 and there was substantial bodily harm, then the punishment is life without parole. If there was not substantial bodily harm inflicted upon the young victim and the victim was between 14 and 16, then there is a possibility of parole for the life sentence after 25 years have been served. If the victim is under the age of 14 and did not suffer serious bodily injury, then parole is a possibility after 35 years have been served.
Do I Need to Talk to a Lawyer?
A sexual assault charge is very serious because of the prison time and stigma attached to it. Contact a Nevada criminal lawyer immediately for help with your defense against such a charge.