Section 200.366 of the Nevada Revised Statute defines rape as happening whenever someone “subjects another person to sexual penetration…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.” It has the potential to net someone life in prison or a lifetime of sex offender registry in addition to a jail sentence and other fines and penalties.
The severity of punishment will depend on several factors, including the age of the victim, previous felony arrests, and whether or not the act caused the victim substantial bodily harm. A minimum sentence of ten to 25 years is required if the victim is 15 years of age or younger.
Innocent people are often accused of rape, especially whenever it involves partners who have previously been intimate. One person may accuse the other in an effort to “get even” or to sway the courts during a custody dispute. An attorney will look into all the evidence carefully in order to determine if there is a possibility the defendant is truly innocent. If the case cannot be proven beyond a reasonable doubt, the lawyer will usually move to have charges dismissed.