Sexual assault in the second or third degree in Nebraska involves non-consensual sexual contact, often leading to severe legal consequences for individuals who are convicted. This piece offers a closer look at what constitutes second-degree sexual assault, the potential defenses, and how a defense lawyer can assist those charged.
Omaha Second/Third Degree 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 sex 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 Second/Third Degree Sexual Assault is Defined in Nebraska
- Penalties for Second/Third Degree Sexual Assault in Nebraska
- Possible Defenses in Second/Third Degree Sexual Assault Cases
- How a Lawyer Can Help Someone Charged With Second or Third Degree Assault
- Additional Resources
What is Sexual Assault in the Second or Third Degree in Nebraska?
In Nebraska, sexual assault is defined under Revised Statute 28-320 as engaging in sexual contact with someone without their permission, or when that person is unable to resist or understand the action due to physical or mental conditions. The law classifies sexual assault into two categories based on the severity of harm caused. Second-degree sexual assault is when the assault results in serious personal injury to the victim. On the other hand, third-degree assault is charged when there’s no serious injury inflicted on the victim.
The core aspect of second-degree sexual assault is ‘sexual contact,’ which under Nebraska law means the intentional touching of the victim’s intimate parts, including the genital area, groin, inner thighs, buttocks, or breasts. It also means touching the clothing covering these parts and encompasses scenarios where the victim is compelled to touch the perpetrator’s intimate parts for sexual arousal or gratification.
Consent is a voluntary agreement to engage in the sexual act. The absence of consent is a critical element and can be shown through various means – the victim’s verbal or physical resistance, or their inability to give consent. However, a victim does not have to resist if resistance would be useless.
The offense also takes into account situations where the victim is incapable of resisting or appraising the nature of the conduct. This incapacity can arise from physical or mental conditions, including unconsciousness, intoxication, mental illness, or developmental disability. The perpetrator’s awareness or presumed awareness of the victim’s incapacity is a major element in these cases.
The law also says that the offense is considered second-degree sexual assault if it involves serious personal injury to the victim. This covers not only physical harm like great bodily injury or disfigurement but also extends to severe mental anguish, pregnancy, disease, or impairment of a sexual or reproductive organ.
What are the Penalties for Sexual Assault in the Second or Third Degree in Nebraska?
In Nebraska, sexual assault in the second degree is classified as a Class IIA felony. According to Nebraska Revised Statute 28-105, the penalties for a Class IIA felony include a prison term of up to 20 years. Sexual assault is considered a third-degree offense if the individual did not cause serious personal injury to the victim. Third-degree assault is a Class I misdemeanor punishable by up to one year in jail and/or up to a $1,000 fine.
While the law imposes imprisonment as the primary punishment, it should be noted that the actual sentence can be influenced by various factors, including the circumstances of the offense, the perpetrator’s criminal history, and the impact on the victim.
Also, in Lancaster County, individuals with misdemeanor sexual assault charges could be eligible for diversion programs, including the General Diversion Program, Mental Health Diversion, Intensive Supervision Diversion, Veterans Diversion Program, and Treatment Diversion Program. These diversion programs focus on providing individuals the services they need to address causes of criminal conduct. Completion of the following programs generally allow the person’s case to be dismissed and for the person to avoid having a criminal record.
What are Potential Defenses to Sexual Assault in the Second or Third Degree in Nebraska?
In Nebraska, defenses against charges of sexual assault in the second degree can vary based on the specifics of the case. One common defense is consent, where the defendant argues that the alleged victim voluntarily agreed to the sexual contact. This defense challenges the prosecution’s claim that the contact was non-consensual.
Another potential defense is mistake of fact. This occurs when the defendant genuinely and reasonably believed that the victim had consented to the contact. This defense is based on the defendant’s perception of the situation and whether that belief was reasonable under the circumstances.
The defense of alibi might be used, where the defendant claims they were not present at the time and place the alleged assault occurred. This usually involves providing evidence or testimony that places the defendant elsewhere, thus questioning the accuracy of the accusation.
Challenging the evidence presented by the prosecution is also a common defense strategy. This can include questioning the credibility of witnesses, the reliability of evidence, or suggesting that evidence was obtained improperly.
How Can a Criminal Defense Lawyer Help Someone Facing Sexual Assault Charges
A criminal defense lawyer assists clients charged with sex crimes, including sexual assault in the second or third degree in Nebraska, by analyzing the case details and developing an appropriate defense strategy. They review evidence, identify potential weaknesses in the prosecution’s case, and advise on legal options. In court, they represent and advocate for the defendant, challenging the prosecution’s evidence and arguments. Their role is vital in ensuring a fair legal process and striving for the best possible outcome for the client.
Additional Resources
Resources for Survivors – Visit the official website of the Nebraska Crime Commission to learn more about the numerous resources that are available to sexual violence survivors in the state. Access the site to find a handy map that breaks down resource access by local geography. Find more information on victim/witness assistance programs as well.
Getting Educated and Involved – Visit the official website for the Nebraska Coalition to End Sexual and Domestic Violence to learn more about different kinds of unlawful mistreatment and how to prevent them. Access the site to learn how to become involved in the fight to end these kinds of mistreatment too. You can also find more information on resources available for survivors if you have already experienced sexual violence, stalking, domestic violence, or other crimes.
What Is Statutory Rape? – Visit the official website for the U.S. Department of Justice to access a foundational law review article exploring what statutory rape is and the constitutionality of statutory rape laws. This legal understanding is fundamental in both building cases against alleged offenders and defense strategies once charges are brought. Find more information about the civil liberties of those who have been charged with wrongdoing on this site as well.
Find a Sexual Assault Lawyer 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.
