Sexual assault of a child, a severe offense involving inappropriate sexual conduct with a minor, carries heavy legal consequences if convicted. The following information is an overview of what constitutes sexual assault of a child in Nebraska, including the potential defenses, and the crucial role of a defense lawyer in these cases.
Omaha Sexual Assault of a Child Lawyer Nebraska
The defense attorneys at Liberty Law Group are experts in their field and are ready to defend our clients.
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.
Sexual Assault of a Child in Nebraska
- How Sexual Assault of a Child is Defined in Nebraska
- How Sexual Assault of a Child is Prosecuted in Nebraska
- How Lawyers Can defend against Sexual Assault of a Child Charges
- How a Lawyer Can Help Someone Charged With Sexual Assault of a Child
- Additional Resources
What is Sexual Assault of a Child in Nebraska?
In Nebraska, sexual assault of a child is a legal term that encompasses various forms of non-consensual sexual activities between an adult and a minor. Sexual assault is particularly serious due to the involvement of children, and Nebraska law penalizes this type of conduct under different scenarios and degrees.
Under Nebraska Revised Statute 28-319.01, first-degree sexual assault of a child occurs in two situations. In the first situation, an individual who is at least nineteen years old causes a person under age twelve to engage in sex. In the second situation, an individual who is twenty-five years or older subjects a person who is at least twelve but less than sixteen years of age to sexual penetration. Sexual penetration includes not only the act of sexual intercourse but also any intrusion, however slight, of any part of the body or any object into the genital or anal openings. If this contact is for non-medical, non-health, or non-law enforcement purposes, it is considered sexual assault.
Second and third-degree sexual assault of a child, according to Nebraska Revised Statute 28-320.01, involves an individual who is nineteen years of age or older engaging in sexual contact with someone fourteen years of age or younger. If the sexual contact results in serious personal injury to the victim, it is classified as second-degree sexual assault of a child. Otherwise, it is classified as third-degree sexual assault.
Serious personal injury can mean significant physical harm, extreme mental anguish, pregnancy, disease, or the impairment of a sexual or reproductive organ. Sexual contact refers to the intentional touching of the victim’s intimate parts, or the clothing covering these parts, for the purpose of sexual arousal or gratification. It includes both direct physical contact and instances where the child touches the adult at the adult’s direction.
The victim’s lack of consent can be through physical resistance, verbal refusal, or situations where resistance would be useless or dangerous, like when the victim is overpowered or threatened.
What are the Penalties for Sexual Assault of a Child in Nebraska?
For first-degree sexual assault of a child, classified as a Class IB felony, the law imposes a mandatory minimum sentence of fifteen years in prison for a first offense. If the offender has previous convictions for similar sexual offenses, the minimum sentence increases to twenty-five years.
In the case of second-degree sexual assault of a child, considered a Class II felony, the law does not specify a mandatory minimum sentence for a first offense. However, the potential range of imprisonment is 1-50 years.
Third-degree sexual assault of a child is a Class IIIA felony for a first offense, with penalties including up to three years in prison, followed by nine to eighteen months of post-release supervision, and/or fines up to $10,000.
Repeat offenders face significantly harsher penalties. A second conviction for second-degree sexual assault of a child is classified as a Class IC felony, with a mandatory minimum of twenty-five years in prison. The same applies to repeat offenses for third-degree sexual assault, which are also classified as Class IC felonies.
This court has the discretion to consider a number of factors in each case for sentencing, such as the ages of the involved parties, the nature of the offense, and the offender’s criminal history.
Additionally, Nebraska law provides options for probation and various pre-plea and post-plea programs, focusing on rehabilitation and addressing issues like substance abuse or mental health. The aim of these programs is to provide rehabilitation and reduce the likelihood of re-offending, but the programs are not available for all offenders, especially those with a history of habitual criminal activity or those convicted of felonies with mandatory minimum sentences. Sexual assault of a child is typically not an eligible offense for pre-plea and post-plea programs in the state.
What are Potential Defenses to Sexual Assault of a Child in Nebraska?
One common defense is challenging the accuracy of the allegations. This could involve questioning the credibility of the accuser or suggesting the possibility of mistaken identity. Another approach is contesting the evidence presented by the prosecution, such as highlighting inconsistencies in testimonies or questioning the validity of forensic evidence.
Another defense might involve proving the absence of sexual contact or penetration as defined by the law. This can be supported by medical examinations or other forms of evidence. Additionally, demonstrating that the accused had no knowledge of the victim’s age or reasonably believed the victim to be of legal age (e.g., the victim lied about their age) might also serve as a defense.
How Can a Criminal Defense Lawyer Help Someone Facing Sexual Assault of a Child Charges
In Nebraska, a criminal defense lawyer plays a vital role in advocating for the accused in sex crime cases, including sexual assault of a child. The lawyer’s role includes examining the details of the case, gathering evidence, and forming a defense strategy. They ensure that the client’s legal rights are protected throughout the legal process, such as during police questioning and in court appearances. A defense lawyer also negotiates with prosecutors, which can be key in reducing sexual assault charges or penalties.
Additional Resources
The Labeling Theory – Consider this journal article concerning “The Stigmatization of Individuals Convicted of Sex Offenses” for why sex offender registry laws sometimes don’t work as intended. This article explores the labeling theory, which argues that merging an offender’s identity with their offense is a self-fulfilling prophecy.
Resources for Offenders Who Are Also Survivors – Statistically, a significant number of those who are accused of sexual wrongdoing with minors are survivors of child sexual abuse themselves. Visit the official website for the Johns Hopkins Bloomberg School of Public Health to learn more about resources available for survivors of child sexual abuse.
Find a Sexual Assault Lawyer Omaha | Liberty Law Group
With decades of experience in defending clients, Liberty Law Group is ready to build a strong, credible defense against any charges.
If you or a loved one has been charged, placed under investigation or arrested for Sexual Assault of a Child in Nebraska, call our firm immediately at (402) 865-0501.
