Being accused of any crime can have negative consequences apart from those that stem from the prosecution of the case. Being accused of a sex crime, however, can have far-reaching and long-lasting negative consequences that impact your family, work, and social life for years to come. The mere accusation of rape, for example, can cause your standing in the community and your position in your career to change virtually overnight. If you have been accused of rape in the State of Nebraska you should consult with an experienced Nebraska criminal defense attorney immediately to start working on your defense and mitigating the damage the accusations may cause. For now, however, you should know the answer to this question “How is rape defined in Nebraska?”
What most people know as the crime of “rape” is referred to as “sexual assault” in Nebraska. Sexual assault in Nebraska can be charged in the first, second, or third degree. Sexual assault in the first degree is defined in Nebraska Revised Statutes 28-319 as follows:
“Any person who subjects another person to sexual penetration (a) without the consent of the victim, (b) who knew or should have known that the victim was mentally or physically incapable of resisting or appraising the nature of his or her conduct, or (c) when the actor is nineteen years of age or older and the victim is at least twelve but less than sixteen years of age is guilty of sexual assault in the first degree.”
First degree sexual assault in Nebraska is a Class II felony, punishable by a minimum of one year and a maximum of 50 years in prison. A second conviction for the same, or similar, offense carried with it a mandatory 25 year term of imprisonment.
Sexual assault in the second and third agree are found in Nebraska Revised Statute 28-320 which defines the offenses as follows:
“Any person who subjects another person to sexual contact (a) without consent of the victim, or (b) who knew or should have known that the victim was physically or mentally incapable of resisting or appraising the nature of his or her conduct is guilty of sexual assault in either the second degree or third degree.”
Sexual assault in the second degree is charged as a Class IIA felony, if the actor shall have caused serious personal injury to the victim, punishable by zero to 20 years in prison. Sexual assault in the third degree is charged as a Class I misdemeanor, if the actor shall not have caused serious personal injury to the victim, punishable by up to a year in prison.
If you have been charged with sexual assault 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.
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