Statutory sexual seduction, more commonly referred to as “statutory rape”, can have devastating consequences that can prohibit a person from living a normal life. Similarly to sexual assault on an adult, statutory sexual seduction can prevent an individual from being able to find a job and much more..

WHAT IS STATUTORY SEXUAL SEDUCTION?

NRS. 200.364(6) defines statutory sexual seduction as “ordinary sexual intercourse, anal intercourse or sexual penetration committed by a person 18 years of age or older with a person who is 14 or 15 years of age and who is at least 4 years younger than the perpetrator.”

CONSENT AND FORCE ARE NOT NEEDED.

Unlike sexual assault which requires the perpetrator to have used force against the victim, with statutory sexual assault, force is not needed. Therefore, if the perpetrator performed any sexual act on the victim, even if the victim willingly consented and force was not present, the act is still considered statutory sexual seduction (statutory rape).

WHAT IS THE AGE OF CONSENT IN NEVADA?

The age of consent in Nevada is 16 years old. Meaning that if the victim is 15 years old or younger, the perpetrator can be tried for statutory sexual seduction no matter if the victim consented or not.

WHAT IF THE VICTIM WAS ASSUMED TO BE OVER 16 YEARS OLD?

While it may be considered a valid defense to statutory rape if the victim was assumed to be over the age of 16 years old, in Nevada, this is not a defense. Nevada considers statutory sexual seduction a strict liability offense. This means that no matter if the perpetrator assumed that his/her victim was over 16 years old and the victim was in fact under than 16 years old, he/she will still be charged with statutory sexual seduction.

PENALTIES AND PUNISHMENTS FOR STATUTORY SEXUAL SEDUCTION IN LAS VEGAS:

The penalties and punishments for statutory rape vary depending on the age of the perpetrator and whether he/she has previously been convicted of any sexual offenses.

If the person is under the age of 21 years, he/she is guilty of a gross misdemeanor.

If the person is 21 years of age or older at the time of the commission of the offense, he/she is guilty of a category B felony and will be punished:

  • A minimum term of 1 year and a maximum term of no more than 10 years; and

  • A possible fine of no more than $10,000.

If the person is under the age of 21 years and has previously been convicted of a sexual offense, he/she is guilty of a category D felony and will be punished:

  • A minimum term of 1 year and a maximum term of no more than 4 years; and

  • A possible fine of no more than $5,000.

DEFENSES TO STATUTORY RAPE CHARGES IN LAS VEGAS:

  • False accusations.

  • Age of consent.

Because every case is different and has its own separate circumstances, it is important to contact an experienced Las Vegas Criminal Defense attorney who can help get you the help you need. Contact Adrian Lobo at (702) 290-8998 to schedule a consultation and discuss your statutory sexual seduction charges today.

If you have been charged with sexual misconduct with a student or would like to learn more information, please click here.