Many people are familiar with the term “statutory rape” for illegal sex with a minor, but in Nevada, the crime is termed “statutory sexual seduction.” This is a very serious charge, and one that leaves less room for successful defense than other sex crimes. Getting an expert criminal defense lawyer is essential for not only avoiding years in prison, but also for preserving your future. A conviction of statutory rape will place your name on the state’s sex offender registry, marking you publicly as a criminal for many years, and perhaps permanently.
Specifics of Statutory Rape
The main part of the crime’s definition is simple: Anyone who is over the age of sixteen who has sex with someone under the age of sixteen is guilty of statutory rape. The penalties are less severe if the accused is over age sixteen, but under the age of twenty-one. Within a school setting—in cases involving teachers and students, for example—there are special, higher penalties. Most of the time, the penalty for statutory rape is between one and five years in prison and/or several thousand dollars in fines.
Difficulties for Statutory Rape Defense
With most sex crimes, the prosecutor must prove that the accused acted on the alleged victim without the victim’s consent. However, with statutory rape there is no such requirement; Nevada considers those under age sixteen to be victims even if they consent to sex. In addition, there is no requirement for the prosecution to prove that you knew a person was under age sixteen when the incident occurred. Even if the “victim” lied to you about their age, you can still be convicted of statutory rape.
These difficulties make it extremely difficult for a criminal lawyer to defend against statutory rape charges. At Weiner Law Group, we have been dealing with these cases for years and have learned how to best approach them.
The prosecution still has to prove beyond doubt that you actually committed the crime in question, and an expert Las Vegas criminal attorney has a number of strategies for opposing that effort. Before the case makes it to court, your lawyer will fight the prosecution’s efforts, making sure that no faulty evidence or testimony makes it into the courtroom. In the best case scenario, we can convince the prosecutor to settle for a lesser charge, which will keep your name off the sex offender registry and allow you to stay out of prison. If the case does go to trial, we will be by your side to make sure you get the treatment you deserve under the law.
Call 702-202-0500 or fill out our contact form if you are facing charges of statutory sexual seduction.