Can you face rape charges for having "rough sex" in Nevada?

Posted by Unknown | Jun 10, 2014 | 0 Comments


Yes. Nevada criminal defense attorneys often see cases where an act of "rough sex gone bad" ends in arrest. And much of the time, the defendant did nothing wrong or did not realize he/she was doing anything wrong.

Many people enjoy being restrained or "roughed up" during intimacy, which is perfectly legal as long as both parties agree to it. But sometimes the partners neglect to discuss ahead of time exactly what will happen, and they may have opposing views of what acts of roughness to expect. The encounter may start off consensual, but perhaps one party takes things further than the other is comfortable with.

A common defense to charges stemming from "rough sex" in Nevada is that the sexual act was consensual. If the victim in the case claims to have said "no" or "stop" during the sex, the other party may very well have had a good faith, reasonable belief that it was just part of their sexual role-playing. As long as the prosecution cannot prove beyond a reasonable doubt that the defendant knew that the sex was against the victim's will, rape charges should not stand.

Another common defense to Nevada charges involving "rough sex" is false accusations. The "rough sex" may have been consensual at the time, but perhaps one person feels ashamed or angry about it afterwards. That person may then falsely accuse the other of rape just to get him/her into trouble with the law. Note that it may be difficult for prosecutors to prove the sex acts were not consensual especially if there are no injuries. Many of these cases boil down to a "he said/she said" scenario. (See our related article, "What is date rape in Nevada?")

Defendants in rough sex cases face various charges in Nevada other than sexual assault ("rape"). Slapping or asphyxiating can lead to battery domestic violence charges. And if the rough sex allegedly involved the victim being tied down or handcuffed, the defendant may face charges for false imprisonment. False imprisonment is defined as illegally inhibiting someone's liberty. It is typically a gross misdemeanor carrying up to 364 days in jail and/or up to $2,000 in fines as long as no deadly weapon was used. To learn more about the Nevada crime of false imprisonment, watch our informational videos:

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