Petersen Law was voted Best of Omaha for 2018 for the 7th year in a row. Each year, consumers in Omaha vote for their favorite businesses. Tom Petersen received the Best Attorney-DUI award. Thank you Omaha!
Thomas M. Petersen was selected as one of the top 50 DUI Lawyers in Nebraska for the 5th year in a row by the National Advocacy for DUI Defense.
Tom Peterson was selected as a Top 100 Trial Lawyer by The National Trial Lawyers. Top 100 is an invitation-only organization composed of the premier trial lawyers from each state or region who meet stringent qualifications as civil plaintiff and/or criminal defense trial lawyers.
Tom Petersen is a participating member of the National Association of Criminal Defense Lawyers. The NACDL is the foremost legal fraternity on criminal defense.
Few criminal charges can impact a person’s life as quickly and as thoroughly as being accused of a sex offense. Just the mere allegation of rape or sexual assault can have a profound negative affect on your professional and personal life. If you have been accused of a sex offense you may need to know the answer to the question “ Is consent a defense to sexual assault or statutory rape in Nebraska? ” Although it may help to have a basic understanding of how and when consent can be used as a defense to a sex offense it is always best to consult with an experienced Nebraska criminal defense attorney to find out if consent is a viable defense in your specific case.
If you have been charged with a sex offense, consent may be a defense depending on the circumstances of the case. First, the age of the victim and the defendant is paramount when determining if consent is a defense. In Nebraska, the age of consent is 16 years old. This means that an individual under the age of 16 cannot legally consent to having sex. The law draws a very fine line when it comes to the age of consent. It does not matter if the minor verbally agreed to the sexual activity, or even if he or she initiated the conduct, in the State of Nebraska an individual under the age of 16 cannot consent to sex. Nebraska does, however, have a “Romeo and Juliet” law which prevents teenage lovers from being convicted of serious sex offenses when they engage in consensual conduct. The law prohibits an individual 18 years old and younger from being convicted of statutory rape. For example, if a 17 year old had consensual sex with a 15 year old it would not be considered statutory rape.
Assuming that the victim is over the age of legal consent in Nebraska, consent may be a viable defense. At that point, the facts of the case will determine if consent is a defense option or not. Obviously, the victim is alleging that the sexual activity was not consensual or you would not be facing criminal charges. Sometimes, it becomes a “he said – she said” situation; however, there are ways to support a defense of consent but you need an experienced Nebraska criminal defense attorney on your side to help convince the judge or jury that the sexual conduct was consensual.
If you have been charged with a criminal offense in Nebraska contact Petersen Criminal Defense Law 24 hours a day at 402-509-8070 to discuss your case with an experienced criminal defense attorney.
To learn more, please download our free sexual assault charges and defenses in Nebraska report here.
Tom Petersen
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