Nevada Revised Statutes 200.366 – Sexual Assault

Sexual Assault Charges in Nevada

Sexual assault charges are charged under Nevada law 200.366. Sexual assault charges may occur in Nevada in four circumstances:

• Forced sexual penetration of the defendant or the victim against the victim’s will
• Sexual penetration of the defendant or victim against the victim’s will under threat of force
• Sexual penetration when the defendant knows that the victim is mentally or physically incapable of resisting or understanding the nature of the conduct
• Any sexual penetration involving a person under the age of 14

Any of these circumstances amounts to sexual assault in the State of Nevada in violation of Nevada law 200.366.

Sexual Assault Penalties in Nevada

Sexual assault penalties in Nevada are as follows:

• For forced sexual penetration or sexual penetration without the ability to consent, life with the possibility of parole after 10 years
• For forced sexual penetration or sexual penetration without the ability to consent, with substantial bodily harm occurring, life with the possibility of parole after 15 years
• Where the victim is 14-16 with no substantial bodily harm, life with the possibility of parole after 25 years
• Where the victim is under 16 with substantial bodily harm, life without parole
• If the victim is under 14 and no substantial harm occurs, life with the possibility of parole after 35 years
• In cases where the victim is under 16, and the defendant has a previous conviction, life without parole

Parole is not guaranteed, even if it is possible after a certain number of years. A parole board makes the decision to grant parole after the victim serves their sentence and becomes eligible for parole. In addition to a term in prison, penalties for sexual assault may include parole, court monitoring, substance abuse testing, fines, and a no-contact order with the victim. However, with prison terms for sexual assault ranging in a term of years, prison time is the most significant penalty for anyone facing sexual assault charges.

Is Sexual Assault a Felony in Nevada?

Yes, sexual assault is a felony offense in Nevada. In fact, some types of sexual assault charges in Nevada may result in a life sentence. Sexual assault is a felony punishable by at least 10 years in prison and possibly even life in prison, depending on the circumstances. In all cases, sexual assault is a felony offense in Nevada.

Defenses to Sexual Assault in Nevada

Defenses to sexual assault in Nevada may include the following:

• No sexual penetration occurred
• The victim consented to the contact
• The victim was not physically or mentally unable to consent or understand the nature of the contact
• Age of the victim is at least 16
• A witness is mistaken or not telling the truth
• The police cannot prove their case beyond a reasonable doubt

Is Being Married a Defense to Sexual Assault in Nevada?

No, being married is not a defense to sexual assault in Nevada. Nevada law 200.373 says that being married to the victim is not a defense to a sexual assault charge.^[2] The law says that sexual assault of a spouse by a spouse is not a defense to an allegation of sexual assault by force or threat of force. Nevada Revised Statues 200.373 states that marriage is not a defense to sexual assault charges in Nevada.

Nevada Revised Statutes 200.378 – Extended Protection Order in Sexual Assault Cases

Nevada Revised Statutes 200.378 allows a sexual assault victim to claim a protection order in sexual assault cases.^[3] The law allows a sexual assault victim to receive a temporary order without providing notice to the defendant. They may receive an extended order after providing notice and a hearing. An order may require the offender to avoid certain locations and refrain from contacting the victim.

What to Do If You Are Charged With Sexual Assault?

If you are charged with sexual assault, you should plead not guilty and seek experienced counsel immediately. In some circumstances, sexual assault is punishable by up to life in prison. However, if you’re charged with sexual assault, you have legal rights.

You can present a defense and question witnesses. You may take your case to trial or pursue a plea resolution that may significantly improve the outcome of your case. It’s important to work quickly to exercise your rights and assert your defense. You have the right to representation from a criminal defense attorney if you’re charged with sexual assault.

Sexual Assault Civil Claim

A victim of sexual assault may bring a civil claim for compensation. While bringing a civil claim can’t undo the harm that was done, it can make the offender accountable for their actions as well as hold an organization responsible if they protected the offender or were indifferent to their behavior.

A sexual assault civil claim can occur even if the state does not press criminal charges. The victim may claim compensation for their financial losses. They can also claim compensation for emotional pain and suffering, which is great in cases of sexual assault.

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