NRS 200.366: Sexual Assault and Rape Laws in Nevada

Sexual assault is a heinous crime that can have long-lasting effects on the victim. It is important that those who are accused of sexual assault understand the penalties they may face, as well as some of the possible defenses they may be able to use in court.

In Nevada, sex crimes are considered one of the worst offenses—second only to murder. The penalties for those convicted of sexual assault are severe and can include a lengthy prison sentence and mandatory registration as a sex offender. It is important to remember that you are innocent until proven guilty, and if you are charged with a sex crime, it is essential to seek legal representation right away.

What Is Sexual Assault According to NRS 200.366

Sexual assault, also known as rape, is the act of engaging in sexual penetration without the other person’s consent or if they are not able to give consent.

NRS 200.366 reads that a person is guilty of sexual assault if the person:

Subjects another person to sexual penetration, or forces another person to make a sexual penetration on themselves 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 the perpetrator’s conduct.

Penalties for Sexual Assault and Rape

Those convicted of sexual assault can face prison sentences of up to life and registration as a Tier III sex offender in the state. Furthermore, if the victim was a minor under 16 years or age or mentally disabled at the time of the assault, harsher penalties will be imposed.

Below is a summary of the penalties:

Summary of Penalties in Nevada for Sexual Assault

Age of victim	Penalties
16 or older	Life in prison without the possibility of parole; or Life in prison with the possibility of parole after 15 years; or Life in prison with the possibility of parole after 10 years (only if the victim sustains no substantial bodily harm)
Under 16; defendant has no prior convictions	Life without the possibility of parole (if the child sustains substantial bodily harm); or Life in prison with the possibility of parole after 25 years (if the child is aged 14 or 15 and sustains no substantial bodily harm); or Life in prison with the possibility of parole after 35 years (if the child is under 14 and sustains no substantial bodily harm)
Under 16; defendant has prior convictions	Life without the possibility of parole

Sex crime convictions can have long-lasting effects on an individual, including difficulty finding a job or securing housing. It is essential to have an experienced criminal defense attoreny by your side to ensure that your rights are protected and that you have the best possible outcome in court.

Statute of Limitations for Sexual Assault and Rape Cases

The statute of limitations for sexual assault and rape cases in Nevada is twenty (20) years. This means that a criminal complaint must be filed within twenty (20) years of the date of the offense or the accused cannot be prosecuted.

There are other nuances to this such as the presence of DNA evidence, or whether or not you filed a police report within a certain time period. To learn more about this, check out the article we wrote above.

Registering as a Sex Offender

Individuals who are convicted of sexual assault and rape must register as a Tier III sex offender in the state. Tier III offenders are publicly searchable on the Nevada Sex Offender Registry online database. This is a serious consequence that can follow you for life, so it’s important to be aware of all the potential penalties that come with any sex crime conviction.If released on parole, convicted rapists are required to register within 48 hours of being released. Failure to register is a separate crime and can result in more time in prison. Additional charges you could face are as follows:

• Category D felony if you failed to register. This carries:
  • 1 -4 years in prison; and/or
  • Up to $5,000 in fines
• Category C felony for subsequent failure to register within 7 years of first failure). This carries:
  • 1-5 years in prison; and/or
  • Up to $10,000 in fines

Common Defenses To Sexual Assault Charges

There are various defenses you can use when accused of rape. Some of these include:

No sexual penetration has taken place

This NRS specifically talks about penetrative sex. If the defense can prove that were no penetrative acts, then the defendant might not be guilty of this crime.

As with most cases, other charges can be included. For example, if the evidence available showed bodily harm to the victim but lacks evidence supporting sexual assault, the defendant might be found guilty of battery, not of rape.

Consent was given

If consent was given, then the defendant didn’t violate this statute. However, evidence like audio or video recordings is often not available. In such cases, the defendant and their legal team must prove that consent was given by other means.

Note that there are specific laws that govern the age of consent—which in Nevada is the age of 16.

Consensual sex between an adult and a person under 16 may still be prosecuted as statutory sex.

False Accusation or Mistaken Identity

Sometimes, false accusations are made or the wrong person is identified as the perpetrator. In both cases, the defendant and/or their legal team can prove that a mistake was made by presenting evidence in court.

If you have been accused of sexual assault or rape, it’s important to seek out experienced and knowledgeable legal representation right away. The potential penalties are serious, and an experienced criminal lawyer can help you fight for the best possible outcome in court.

Can Records Be Sealed

If you were acquitted of a sexual assault or rape charge, you can apply for a record seal right away. This will remove all records related to the charge from public view.

However, if you’re convicted of a sexual offense, sealing of records is not possible. The conviction stays on your record forever.

Charged with Sex Crimes?

As mentioned above, convictions for sexual assault in Nevada cannot be sealed. This can have a serious and long-term impact on your life. Individuals having a record can face discrimination in employment, housing, or other opportunities.

If you are facing sexual assault charges in Nevada, it is important to immediately contact a criminal defense lawyer. An experienced attorney can help you understand your rights and the potential penalties you may be subjected to.

They will also provide advice on what legal defenses are available for your case and guide you through every step of the legal process. A skilled lawyer can help you fight for the best possible outcome in court.

The Defenders is a criminal defense firm with experienced lawyers who can help you build an effective legal strategy. Contact us today for more information or to schedule a free initial consultation. We’re here to help you get through this difficult time.

Frequently Asked Questions