Yes. Nevada criminal defense attorneys often see cases where an act of “rough sex gone bad” ends in an arrest for rape. And much of the time, the defendant did nothing wrong or did not realize he/she was doing anything wrong.
1. Does rough sex equate to rape under Nevada law?
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 parties neglect to discuss exactly what will happen ahead of time, 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.
In this event, non-consensual rough sex could lead to a rape charge under Nevada’s rape law, NRS 200.366.
2. Are there legal defenses?
A common defense to charges stemming from “rough sex” in Nevada is that the sexual act was consensual.1
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 afterward. That person may then falsely accuse the other of rape just to get him/her into trouble with the law. Many of these cases boil down to a “he said/she said” scenario. (See our related article, “What is date rape in Nevada?“)
3. Can a prosecutor file other charges than rape?
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.1
To learn more about the Nevada crime of false imprisonment, watch our informational videos:
Legal References:
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- Honeycutt v. State (2002) 118 Nev. 660.
- NRS 200.460.