According to the Nevada Revised Statute Section 200.236: Sexual Assault; Battery Rape, it is illegal to have sexual contact with someone who's not aware of what's happening (for example the person involved is drugged or drunk) and if it is against the person's will. On the other hand, if a person touches someone in a sexual way, it cannot be considered as sexual assault. The charge to this act would be open and gross lewdness (NRS 201.210).
The possible defenses that a sexual assault lawyer can use to acquit or lessen the sentence of a client are as follows: false allegations, consensual rape and lack of proof. Some people are simply wrongly accused, so if someone is trying to charge you with sexual assault out of anger or other personal grudge, then better seek an experienced sexual assault lawyer to represent your case. Consensual rape can be used if your lawyer can prove that there no one was forced during the incident and that the alleged victim agreed to perform the act with her own will. Sexual assault is not an easy case to prove, but if the prosecution will not be able to prove the alleged suspect guilty of the crime beyond reasonable doubt, then the case should be dropped.
The penalties for sexual assault depend on three factors. These are the criminal record or history of the defendant, whether the alleged victim was physically harmed due to the sexual assault and of course, the age of the victim of the crime.
In Las Vegas, most cases of sexual assault have a very low possibility of having plea bargain agreements. Nonetheless, if there is a lack of evidence or the proof is not strong enough to back up a claim, then as part of the plea bargain, the charges can be lowered from sexual assault to battery.
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