Nevada Sexual Battery Laws

Sexual Battery in Nevada refers to sex crimes \typically covered by rape statutes, such as sexual assault. Sexual battery is often characterized as sexual touching or penetration without consent of the person. The mere touching of another person for the purpose of sexual gratification qualifies as sexual battery. In Nevada, sexual battery is codified in the law as rape. Rape is commonly known as the unlawful sexual penetration of another without consent. Sexual battery for purposes of this article is codified as sexual assault. According to the laws of Nevada;

• A person who subjects another person to sexual penetration, or who forces another person to make a sexual penetration on himself or herself or another, or on a beast, against the will of the victim or under conditions in which the perpetrator knows or should know that the victim is mentally or physically incapable of resisting or understanding the nature of his or her conduct.

Penalties for Sexual Battery in Nevada 

The penalty for sexual battery classified as sexual assault have the following sentencing guidelines:

• Class A Felony
• If substantial bodily injury results: life w/o parole, life w/ chance for parole after 15 years, or term of 40 years w/ chance for parole after 15 years.
• If no substantial bodily injury results: life w/ chance for parole after 10 years, or term of 25 years w/ parole chance after 10 yrs
• If victim is under 16 serious bodily injury results: sentence is life w/o parole.
  • If no serious bodily injury results, sentence is life w/ chance for parole after serving 20 years, or a term of 20 years w/ chance for parole after 5 years
• If victim is under 14 and no serious bodily harm results, sentence is life w/ chance for parole after 20 years.

Defense of a Sexual Battery in Nevada 

The list of defenses for Sexual battery in Nevada here is not exclusive, but are the most common defenses used, which include:

• Consent (Sexual battery of a minor cannot use consent defense, nor can consent be used if the victim lacked the capacity to do)
• Insufficient evidence of incident (lack of physical evidence, lack of eyewitnesses)
• Improper police procedure (illegal questioning, sloppy evidence handling)
• False allegations/credibility issues (“he said, she said”, jilted/angry partner)

Attempted Sexual Battery in Nevada  

Attempted sexual battery occurs when the prosecution can prove that there was an intent by the defendant to place the victim in immediate threat and danger of sexual battery. If the prosecution can show a specific intent to commit a sexual battery, you can be found guilty. Common examples of this would be locking a victim in the bedroom for the purpose of sexual activity or drugging a victim with the intent of sexual contact.

When to Talk to a Lawyer 

If you are charged with a sexual battery, it is critical to speak with a lawyer immediately. Getting a lawyer on your case immediately will assure that your rights are protected, that any evidence that can help you is preserved and the police and prosecution follow proper protocol. Sexual battery charges are serious crimes that have life altering consequences, and you should have an experienced criminal defense lawyer who can help your defense.