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Sexual assault of spouse by spouse

Vegas Criminal Lawyer Explains Sexual Assault by Spouse

Nevada prohibits sexual assault offenses and other types of unlawful sexual conduct. Prohibitions against sexual assault are found in Chapter 200 of Title 15. There is a subcategory of Chapter 200, which is the Chapter penalizing crimes against persons. This subcategory deals specifically with different kinds of sexual offenses.

The subcategory of Chapter 200 that defines different kinds of sexual offenses and sets forth penalties for those crimes also contains information on what can, and cannot, constitute a defense to sexual assault. Within this subcategory, for example, the state of Nevada addresses the issue of whether or not it is legally possible to rape your spouse.

If you are accused of sexually assaulting your husband or wife, you need to understand how the law addresses this issue so you can make fully informed choices about your defense strategy as you face serious charges. LV Criminal Defense can provide you with assistance in interpreting the laws applicable to your situation and in developing the right approach to responding to changes of sexual assault. To find out more about how our Las Vegas criminal defense lawyers can help you, give us a call today.

Nevada Revised Statute Section 200.373: Sexual Assault of a Spouse By a Spouse

Nevada Revised Statute section 200.373 is the statute in Chapter 200 that explains the rules regarding the sexual assault of a spouse. According to the relevant statute, being married to the alleged victim is not a defense to accusations of sexual assault if the assault was committed by threat of force or was committed by force.

This means that if you do engage in unlawful sexual conduct with your spouse, you can face the same penalties as anyone else who is convicted of a sexual assault crime. The penalties for sexual assault crimes are defined in Nevada Revised Statute section 200.366 and the penalties vary depending upon whether you are accused of causing serious injury to the victim while committing the sexual assault.

As long as your spouse is an adult at the time of the alleged sexual assault, the maximum penalty for sexual assault if the victim did not sustain bodily injury is life imprisonment with the possibility of parole after a period of 10 years. If the alleged victim did sustain serious bodily injury as a result of the assault, then the maximum penalties could include life imprisonment without the possibility of parole or life imprisonment with the possibility of parole after a minimum term of 15 years in jail.

Prior convictions for a sexual assault offense generally result in a defendant facing more serious penalties. If the victim is underaged at the time of the incident, penalties can also be harsher although this is not usually an issue in circumstances where one spouse is accused of sexually assaulting another since both the accused and victim are generally adults above the age of consent in which cases.

Contact a Las Vegas Criminal Attorney

If you are accused of sexually assaulting a spouse, the prosecutor has the burden of proving your guilt beyond a reasonable doubt. While you cannot use it as a defense that you were married to the person you are accused of assaulting, there may be many other defenses you can raise and other steps you can take to try to avoid conviction.

LV Criminal Defense can provide assistance in helping you to determine the best approach to take to try to fight charges. We will work closely with you to evaluate the strength of the prosecutor’s case against you and to help you make smart choices regarding how to handle potentially life-changing accusations. To find out more about how our Las Vegas criminal defense law firm can help you, give us a call today.

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