In this section, our attorneys explain Nevada’s criminal laws and legal concepts, A to Z
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Call Us NowWhat is “date rape” in Nevada?
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Like it sounds, “date rape” refers to nonconsensual sex between people who see each other socially. Date rape is a severe crime in Nevada, prosecuted under the state’s sexual assault law NRS 200.366
1. How does Nevada law define “date rape”?
The legal definition of date rape (also called “acquaintance rape”) is the same as sexual assault, which the state defines as engaging in penetrative sex with a person who does not consent or is not capable of consenting.1
The only distinction between the two acts is that date rape refers to those instances of sexual assault where the accused and the victim were either:
- significant others,
- friends, or
- acquaintances.
Nevada “date rape” charges often boil down to cases of, “he said/she said.” There is usually no evidence of what happened, so police rely on the two people’s testimony. Therefore, defense attorneys concentrate on undermining the accuser’s credibility, and a common defense in these cases is that the accuser falsely accused the defendant.
Note that alcohol and drugs frequently figure into date rape cases. It is considered rape in Nevada if someone has sex with someone too intoxicated to consent. It does not matter whether the accused honestly believed the victim would have consented.
What if I am falsely accused of "sexual assault" in Nevada?
2. What are the penalties for date rape?
Date rape is punished as sexual assault in Nevada.
It is a category A felony that carries up to life in prison. The specific length of the sentence depends on:
- whether the victim sustained serious injuries,
- the age of the victim, and
- the accused’s criminal history.2
Read more information about Nevada rape laws and our article, “Can rough sex lead to rape charges in Nevada?”
Legal References:
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- NRS 200.336. See also Crowley v. State (2004) 120 Nev. 30.
- NRS 200.336.
About the Author
Neil Shouse
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.
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