Being charged with sexual assault can have a serious impact on your life. If you are accused of sexual assault, it is important that you contact an experienced Nebraska sex crimes attorney immediately.
Age of Consent and Statutory Rape in Nebraska
In the state of Nebraska, the age of consent is 16. This means that an adult (someone over the age of 19) may consensually have sex with an individual age 16 or older without facing criminal charges. If the individual is under the age of 16 and the adult is at least 19 years old, then it becomes statutory rape. Statutory rape is a form of sexual assault in Nebraska. When determining the degree of the sexual assault charge, Nebraska law takes into account the age of both parties.
Sexual Assault of a Child – First Degree
First-degree sexual assault of a child occurs when (1) the actor, who is at least 19 years old, subjects another, who is under 12 years old, to sexual penetration or (2) the actor, who is at least 25 years old, subjects another, who is between 12 and 15 years old years old, to sexual penetration.
The penalty for first-degree sexual assault of a child is a Class 1B felony. Sentencing guidelines require a mandatory sentence of 25 years in prison and a maximum sentence of life.
First-Degree Sexual Assault
First-degree sexual assault occurs when the actor subjects another to sexual penetration (1) without consent of the victim, (2) when the victim was mentally or physically incapable of resisting or appraising the nature of his or her conduct, or (3) when the actor is 19 years old or older and the victim is between 12 and 15 years old.
First Degree Sexual Assault is a Class II felony and punishable by a minimum of one year and a maximum of 50 years in prison.
Berry Law’s Team Provides You With Multiple Attorney Perspectives
Nebraska Romeo and Juliet Laws
The “Romeo and Juliet” exemption protects minors from facing criminal charges for having consensual sex with other minors. Generally, with this law, anybody 18 years of age or under cannot be convicted of statutory rape as long as the other person is over the age of 12. Certain “Romeo and Juliet Laws” state a specific amount of age difference that is legal, such as a three-year age difference when the older individual is still under the age of 19.
Who Does it Protect?
The “Romeo and Juliet” exemption does not protect anyone who is 19 years of age or older. They also do not protect relationships in which the elder is accused of abusing their authoritative relationship with the younger, such as a relationship between student and teacher. The laws only protect consensual relationships between minors, so they are not applicable in instances where the sexual act contains some sort of violence or a threat of violence.
Romeo and Juliet Laws and Reduced Penalties
In some instances, Romeo and Juliet laws do not completely remove charges, but simply lessen the conviction that a person may face. This includes not having to be a registered sex offender or lessening the time a person may have to be registered. It can also lessen the severity of the penalty from a felony to a misdemeanor, and even allow for expungement. Age effects the charges extensively, so it is important to contact a lawyer if you are facing sexual assault charges.
Berry Law’s Sexual Assault Attorneys
Berry Law’s team of dedicated criminal defense attorneys have experience in defending clients from sexual assault charges. If you or somebody you know is facing a sexual assault charge, contact our team of attorneys today.
