Sexual assault in the first degree in Nebraska carries severe consequences for those who are convicted. This piece aims to clarify what constitutes first-degree sexual assault, the potential impacts of a conviction, possible defenses, and the ways that a criminal defense lawyer can help a client who has been criminally charged.
Omaha Sexual Assault Defense Lawyer
Sexual Assault is a difficult case to handle, but the criminal defense attorneys at Liberty Law Group are ready to provide strong legal defense for those charged with violent crimes.
If you or a loved one have been charged with sexual assault in the first degree (rape), call our firm at (402) 865-0501 to request a free consultation to discuss the facts of your case.
Sexual Assault in Nebraska
- How Rape is Defined in Nebraska
- Penalties for Rape in Nebraska
- Possible Defenses Against Sexual Assault Charges
- How a Lawyer Can Help Someone Charged With Sexual Assault in the First Degree
- Additional Resources
What is Sexual Assault in the First Degree in Nebraska?
Under Nebraska Revised Statute 28-319, there are three main scenarios where a sexual assault is considered to be in the first degree.
The first scenario is when sexual penetration occurs without the consent of the victim. This is commonly known as rape. A lack of consent is typically evidenced through the victim’s rejection of the perpetrator’s advances. However, there could also be no consent if the perpetrator uses coercion or manipulation to engage in sexual penetration, or when the victim is in a state that prevents them from making a voluntary decision. Also, under Nebraska law, a victim who does not physically resist does not necessarily consent to the perpetrator’s actions.
The second scenario involves the mental or physical incapacity of the victim, such as where the victim is unable to resist or does not fully comprehend the nature of the sexual act. This could be due to a variety of reasons such as intoxication, mental health issues, or physical disabilities. The law holds the perpetrator accountable if they knew or should have known about the victim’s incapacity.
The third scenario defined by the law is when the perpetrator is nineteen years or older and the victim is at least 12 years old but under 16 years old. Minors cannot legally consent to sexual acts with adults.
‘Sexual penetration’ is a term that encompasses not just traditional sexual intercourse but also includes any intrusion, no matter how slight, into the genital or anal openings.
What are the Penalties for Sexual Assault in the First Degree in Nebraska?
In Nebraska, sexual assault in the first degree is categorized as a Class II felony. Individuals convicted of first-degree sexual assault face a prison term ranging from 1 to 50 years. The sentencing judge has the discretion to decide the length of the prison term within this range, based on the severity and specifics of the crime and the individual’s criminal record.
Additionally, the law requires that the sentencing judge consider whether the perpetrator caused serious personal injury to the victim when deciding on the sentence. Serious personal injury can include physical harm, mental trauma, or other significant injuries caused by the assault.
A notable aspect of Nebraska law is the enhanced penalty for repeat offenders. If an individual is found guilty of first-degree sexual assault for a second time, and their first conviction was also for a similar offense, they face a mandatory minimum term of twenty-five years in prison.
Possible Defenses to Sexual Assault in the First Degree
In cases of sexual assault in the first degree in Nebraska, several defenses might be applicable, depending on the specifics of the case. One common defense is the assertion of consent. The defendant may argue that the alleged victim had given voluntary agreement to engage in the sexual act, challenging the prosecution’s claim of a lack of consent.
Another potential defense is mistaken identity, where the defendant claims they were not the individual who committed the alleged assault. This defense often relies on alibis or evidence that places the defendant at a different location at the time of the incident.
Moreover, the defendant may challenge the evidence presented by the prosecution, questioning its credibility or suggesting it was obtained unlawfully. This might include disputing forensic evidence (e.g., a rape kit) or the reliability of witness testimonies.
The burden of proof lies with the prosecution to establish the guilt of the defendant beyond a reasonable doubt, and these defenses are ways to counter that effort.
How Can a Criminal Defense Lawyer Help Someone Facing Sexual Assault in the First Degree Charges
A criminal defense lawyer in Nebraska can assist someone charged with sex crimes, including sexual assault in the first degree, by providing knowledgeable legal representation. The lawyer can scrutinize the evidence, identify potential weaknesses in the prosecution’s case, and develop a defense strategy. They can also guide the defendant through the legal process, ensuring their rights are protected and offering advice on plea bargains or trial proceedings. Additionally, a defense lawyer can represent the defendant in court, arguing on their behalf and challenging the prosecution’s evidence. Their role is to ensure a fair trial and work towards the best possible outcome for their client.
Additional Resources
Nebraska Sex Offender Registration Act – Visit the official website of the Nebraska Legislature to read the text of the state’s Sex Offender Registration Act. Access the site to learn about how long offenders must remain registered and when they may request a reduction in registration time. Find more information about when convicted sex offenders must register under the law as well.
Preventing Child Sex Abuse – Sometimes, those who harm a child are desperate to learn how to avoid reoffending. Visit the official website for Darkness to Light to learn more about preventing child sex abuse.
Find a Sexual Assault Defense Attorney in Omaha, Nebraska | Liberty Law Group
Our firm proudly serves Omaha in Douglas County, including Lincoln in Lancaster County, Papillion in Sarpy County, Fremont in Dodge County and Council Bluffs in Pottawattamie County, Iowa and the surrounding areas. If you or a loved one has been charged or is under investigation for sexual assault, don’t wait, call our firm immediately at (402) 865-0501 to request a free consultation to discuss the facts of your case.
