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What is "date rape" in Nevada?

Posted by Neil Shouse | May 06, 2015 | 0 Comments

Like it sounds, "date rape" in Nevada refers to nonconsensual sex between people on a date. This is different from the common perception of rape as a woman being assaulted by strangers in an alley.

Nevada "date rape" charges often boil down to cases of "he said/she said." There is often no evidence of what happened, so police rely on the two people's testimony. Therefore defense attorneys concentrate on undermining the accuser's credibility. A common defense is that the accuser falsely accused the defendant because the accuser regretted the sex afterwards.

Note that alcohol and drugs frequently figure into date rape cases. It is considered rape in Nevada if someone has sex with someone else who was too intoxicated to consent. It does not matter whether the accused honestly believed the victim would have consented.

Date rape is punished as regular sexual assault in Nevada. It is a category A felony that carries up to life in prison. The length of the sentence depends on whether the victim sustained serious injuries, the age of the victim, and the accused's criminal history. Read more information about Nevada rape laws and our article, "Can rough sex lead to rape charges in Nevada?"

About the Author

Neil Shouse

Southern California DUI Defense attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT).

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