As outlined in Nebraska law, statutory rape occurs when an adult has sexual contact with someone younger than the legal age of consent. Those accused of a statutory rape offense risk imprisonment and permanent damage to their personal and professional lives.
In the following article, Liberty Law Group will outline the conditions for conviction, penalties, and how a criminal defense lawyer may address a statutory rape charge.
Omaha Statutory Rape Defense Lawyers
It is vital for anyone accused of this crime to fully understand what they’re up against — the legal stakes, the potential penalties, and what defenses might be available to them. A statutory rape conviction must be handled by an experienced legal team, and the attorneys at Liberty Law Firm are more than capable of defending your case.
Liberty Law Group has a history of success in criminal defense and can assist clients wrongfully accused of statutory rape. If you are facing a statutory rape charge, contact the lawyers at Liberty Law Group at (402) 865-0501 to request a free consultation.
Information Center
- What is Statutory Rape?
- Sexual Contact v. Sexual Penetration
- What Are the Penalties for Statutory Rape?
- How Can a Statutory Rape Lawyer Help?
- Additional Resources
What is Statutory Rape?
As defined by Nebraska Revised Statute 28-319, statutory rape involves sexual penetration with a person younger than the legal age of consent, which is 16 in Nebraska. Offenders must be 19 years of age or older and victims must be at least 12 but less than 16 years old.
As opposed to other rape convictions, the prosecution does not need to prove lack of consent, as the age difference itself makes any sexual penetration illegal.
Sexual Contact v. Sexual Penetration
Under Nebraska Revised Statute 28-319, “sexual contact” refers to the touching of the victim’s intimate parts or the clothing covering these parts for sexual arousal or gratification. It also encompasses the touching of the victim with intimate or sexual parts.
On the other hand, “sexual penetration” includes intercourse, cunnilingus, fellatio, anal sex, or any intrusion of any part of the body into the victim’s genital or anal openings for nonmedical purposes. The emission of semen is not a required element for these acts to be considered sexual penetration.
What Are the Penalties for Statutory Rape?
Statutory rape in Nebraska is classified as sexual assault in the first degree and considered a Class II felony. The penalties are severe. For a first offense, the penalty includes imprisonment for a term of 1 to 50 years. A second offense, however, carries a mandatory minimum sentence of 25 years in prison.
How Can a Statutory Rape Lawyer Help?
Criminal defense lawyers help you understand what to expect throughout the legal process. They investigate the case thoroughly, gathering evidence, interviewing witnesses, and examining the prosecution’s evidence. This investigation is important for building a strong defense.
The lawyer’s defense challenges the evidence presented by the prosecution, creating reasonable doubt. This can include questioning the credibility of the victim’s testimony, the reliability of physical evidence, or the methods used in the investigation. The lawyer also negotiates with the prosecutor or secures a plea deal to potentially improve the outcome of your case.
Additionally, the lawyer prepares you for court appearances, explaining courtroom procedures and advising you on how to behave and respond when put on trial. During trial, the lawyer represents you, presenting arguments, questioning witnesses, and making objections when necessary.
Throughout the process, the lawyer provides support and guidance.
Resources
Nebraska Statutory Rape Law
Nebraska law defines what constitutes sexual assault in the first degree and the legal consequences. This is a key resource for understanding age-related consent in Nebraska.
Nebraska Medical Sexual Assault Protocol
The Nebraska Attorney General’s Office provides a detailed protocol for medical professionals handling sexual assault cases. This document offers guidelines for anonymous reporting, evidence collection, and victim support.
Understanding Consent
The Rape Abuse and Incest National Network (RAINN) provides an overview of consent. It explains what consent looks like in practice, its legal role, and shares stories from survivors. This resource is vital for educating the public on the importance of consent and its legal implications in sexual activities.
Statutory Rape Defense Lawyers Omaha
Liberty Law Group is dedicated to providing professional, trustworthy, and personalized legal services to those accused of statutory rape. We understand the stakes of your case and are committed to crafting a defense to best serve your individual needs.
Our firm proudly represents the residents of Omaha in Douglas County, Lincoln in Lancaster County, NE, Council Bluffs in Pottawattamie County, IA and throughout the surrounding communities of Nebraska and Western Iowa.
Call our firm immediately at (402) 865-0501 to request a free consultation.
