Question 1

What is spousal rape in Nevada?

Accepted Answer

It is illegal in Nevada to sexually assault your spouse (sexual assault is the formal word for rape). Unlike in some other states, a person may be convicted of spousal rape in Nevada whether or not any of the following conditions is true: the spouses were in the process of separating or divorcing at the time of the alleged rape, the spouses were cohabitating at the time of the alleged rape, or significant time has elapsed since the alleged rape and when the victim reports it to the police. Therefore, Las Vegas spousal rape law is nearly identical to Nevada sexual assault law where the alleged perpetrator and victim are not married. The one main difference concerns the issue of consent:  With regard to unmarried parties, it is still considered rape in Nevada to have sex without the use of force as long as the accused knows (or should know) that the victim is too incapacitated to give their consent to the sex. So having sex with someone who is passed out drunk, or too drugged out to appreciate what is going on, could be rape in Las Vegas. By contrast, technically a husband or wife can legally have sex with their spouse without their consent as long as no force (or threat thereof) is used to accomplish the sex . . . but arguably this might occur only if the victim was asleep, unconscious, or intoxicated to the point where they were incapable of resisting or knowing what was happening to them. And even then, the prosecutor may still choose to press charges and put the issue before a Nevada jury.

Question 2

How can I fight NRS 200.373 charges?

Accepted Answer

It is extremely frightening being accused of rape in Nevada because the potential consequences are so dire. But remember that Clark County prosecutors and judges are very mindful of the fact that spousal rape is one of the most falsely claimed crimes and that it is extremely difficult to prove beyond a reasonable doubt. The following are just some defenses that your attorneys may use when fighting your Nevada spousal rape case: 1) Marriage. Marriage is a defense to spousal rape in Nevada unless force or threats of force were used. So as long as the prosecution cannot show that you resorted to battery or threats of battery to have sex with your spouse, then the charges should be dismissed. 2) No sex. You should not be convicted of spousal rape in Las Vegas if the prosecution cannot prove that a sexual act took place. 3) False accusations. Unfortunately it is typical for wives or husbands to accuse their partners of spousal rape because they are angry, jealous, vengeful, or to get a leg up in child custody or divorce proceedings. But as long as the state cannot show that the defendant used force (or threats of force) to have sex with the victim, then charges for sexual assault on a spouse in Nevada should be dropped.

Question 3

What are the penalties for spousal rape?

Accepted Answer

Spousal rape is punished the same way as standard sexual assault where the parties are not married. It is a category A felony in Nevada, which is the most serious class of crimes. If the spousal rape resulted in the victim sustaining substantial bodily harm (NRS 0.060), then the sentence may include: life in Nevada State prison without the possibility of parole, or life with the possibility of parole after 15 years. Conversely, if the spousal rape did not cause the victim substantial bodily harm, then the sentence may include: life with the possibility of parole after 10 years; Furthermore, anyone convicted of rape in Nevada is required to register as a Tier III sex offender (NRS 179D.117) for life. Note that rape also carries lifetime supervision under NRS 176.0931. But it may be possible to get off lifetime supervision after 10 years.

Violación conyugal en Nevada	Penalidades de delito grave de Categoría A
Con daño corporal sustancial	Cadena perpetua sin posibilidad de libertad condicional, o cadena perpetua con posibilidad de libertad condicional después de 15 años Registro de delincuentes sexuales de Nivel III de por vida
Sin daño corporal sustancial	Cadena perpetua con posibilidad de libertad condicional después de 10 años Registro de delincuentes sexuales de Nivel III de por vida

1. ¿Es el “violación conyugal” un crimen en Nevada?

Consentimiento: Agresión Sexual vs. Violación Conyugal

2. ¿Cómo puedo luchar contra los cargos?

3. ¿Cuáles son las penas por agresión sexual a un cónyuge?

Acuerdos de culpabilidad

Recursos adicionales

Referencias legales

NRS 200.373 – Leyes de Nevada sobre “Violación Conyugal”