Sex Assault Lawyer in Lincoln – Defending the Case

A false accusation of sex assault can be based on malicious motives such as spite, jealousy, or revenge. Unfortunately, a sex assault charge – even if based on a false accusation –can have serious consequences. You can be investigated by law enforcement, arrested, charged with a crime, and forced to defend yourself in court. Hiring an experienced sex assault lawyer in Lincoln to defend you at every stage of a sex assault proceeding is critical to avoid or mitigate serious potential criminal penalties in the form of imprisonment and sex offender registration. 

What is a sex assault crime and what are the penalties?

Under Nebraska law, there are various statutes that criminalize sex crimes, including sex assault. Sex assault can generally be described as subjecting another person to unwanted sexual penetration or sexual touching of intimate areas of their body without that person’s consent. Additionally, based on the level of the sex assault offense, State law provides for what the possible penalties are. Here are the most common sex assault crimes and associated penalties: 

First Degree Sex assault of an adult

• Neb. Rev. Stat. § 28-319
• Class II felony: 1-50 years imprisonment
• 25 years or lifetime sex offender registration

First Degree Sex assault of a minor

• Neb. Rev. Stat. § 28-319.01 
• Class IB Felony: 20 years to life imprisonment 
• Lifetime sex offender registration

Third Degree sex assault of an adult

• Neb. Rev. Stat. § 28-320
• Class 1 misdemeanor: 0 to 1years imprisonment, $1,000 fine, or both
• 15 or 25 years sex offender registration

Third Degree sex assault of a minor

• Neb. Rev. Stat. § 28-320.01 
• Class 3A felony: 0-3years imprisonment  
• 15 or 25 years sex offender registration 

Note: The above offense and penalties are only the most common sex assault offenses in Lincoln, and other exceptions/factors exist that can change the degree of the offense and possible penalties. 

How do I know if I’m being investigated for sexual assault accusations? 

Sex assault cases are unique in that most of the time law enforcement wants to speak with a suspect before making an arrest. That means individuals usually do not find out they are facing sexual assault accusations until law enforcement randomly calls or shows up at their home or work to discuss an allegation of sex assault. 

We also have more information about why it is always best to retain an experienced sex assault attorney BEFORE ever speaking with law enforcement if you have any reason whatsoever to believe you are the suspect in a sex assault investigation. 

What happens if I’m arrested for sex assault? 

If there is probable cause to believe you committed a sex assault offense, then most likely you will be taken into custody by law enforcement, be formally charged with a sex crime, and be forced to post bond to secure your release while awaiting case resolution. It is rare for law enforcement to only issue a citation in lieu of arrest for sex assault offenses. We also have information about posting bond in sex assault cases. 

How do I defend myself if I’m charged with a sex assault?

Once you have been charged with sex assault, here are the most common ways an experienced sex assault attorney will defend your case to help get you the best outcome possible: 

1. Employment of private investigator(s): It is critical to speak to potential witnesses while people’s memories of certain events are fresh. The use of experienced private investigators to make phone calls and conduct interviews is an efficient way to quickly learn which witnesses help or hurt a case. Experienced sex assault attorneys have preexisting relationships with credible and reliable investigators that can quickly start collecting relevant information. 
2. Evidence collection and preservation: Sex assault cases are unique in that many times an accuser’s credibility alone can be enough for a conviction. With that, it is imperative to collect and preserve any other potential evidence (e.g., text messages, pictures, social media posts, call records, security camera footage, third party witnesses) that can potentially refute a sex assault claim entirely or discredit the credibility of certain witnesses. 
3. Discovery review: Defendants in sex assault cases are entitled to discovery materials that prosecutors have in their possession. Examples of these materials may include police reports, recorded witness interviews/statements (including yours), medical records, photographs, or 911 calls. A defense attorney must carefully review these materials to spot which issues or facts help or hurt the defense. Additionally, reviewing these materials will help a defense attorney prepare for depositions or determine whether missing information also exists. 
4. Depositions: In felony cases, Defendants are often entitled to depose certain witnesses including the sex assault accuser, members of law enforcement such as sex assault investigators, and other witnesses with relevant information about the case. Depositions are taken outside of Court, and each witness is placed under oath. In addition to the defense attorney, the prosecutor is present, along with a court reporter who is transcribing every word and recording each question asked and answer given by the witness. Depositions are extremely important in that they allow your attorney to explore a variety of themes, defenses, and better understand issues identified in the discovery materials. 
5. Pretrial motions: Based on information collected from either the defense investigators, contained within the discovery materials, or learned during depositions, your defense attorney can file a variety of pretrial motions regarding the relevance or admissibility of certain evidence in the case. For instance, your attorney could file a motion to suppress an involuntary statement you gave to law enforcement or a motion in limine to prevent certain types of conduct or testimony from being used in trial. 
6. Expert Witnesses: Depending on an accuser’s sex assault claim, the use of an expert witness might be required to defend the case. Such experts include but are not limited to medical doctors, sex assault nurse examiners, or psychologists. Not only are these types of experts critical at trial to rebut certain testimony or evidence, but they can also help your defense attorney prepare for depositions and better understand nuanced issues contained within the discovery materials. 

What are the possible outcomes in a sex assault case? 

No sex assault case, defense strategy, or outcome is the same. These cases can result in going all the way to trial, plea agreements, or dismissal based on a variety of factors such as whether an individual did an interview with enforcement prior to retaining an attorney; the existence of corroborating evidence in support of a sex assault claim; witness credibility issues; an alleged victim’s position on plea offers/agreements; information learned during depositions; or the admissibility of certain evidence based on a variety of pretrial motions – to name a few.  

Sex assault cases rarely get resolved quickly and require a dedicated team of experienced sex assault attorneys to carefully explore all the risks, evidence, and options to obtain the best outcome possible. While no particular outcome is ever guaranteed, it is critical you speak with an attorney immediately upon learning you may be the suspect in a sex assault investigation. A sex assault conviction can result in years of imprisonment and placement on the sex offender registry, which can have long-lasting impacts on various aspects of life, such as finding employment and housing. 

Paul Lembrick

Husband, Father, Marine Corps Veteran, Attorney at Berry Law.

Paul Lembrick is a former Captain in the United States Marine Corps. He fights relentlessly for his clients – the same way he did for his country and the men and women under his charge.  The skills and tenacity Paul developed during his service allow him to maintain his focus and composure in the most difficult situations.

Paul’s military experience included leadership roles during combat deployments to Afghanistan in support of Operation Enduring Freedom.

Paul’s oath to defend the Constitution followed him from his military service and now he represents clients in a broad range of criminal defense, personal injury and litigation matters.  He keeps the core values he learned in the Marine Corps – Honor, Courage, and Commitment – at the forefront of everything he does.

Whether he’s spending time with his family or engaged in his hobbies of bow hunting and bass fishing, Paul approaches it all with deliberate determination. He never takes shortcuts and prides himself on being prepared for any situation.

Paul earned his B.A. in History from the University of Nebraska – Lincoln and his J.D. from the University of Nebraska College of Law.  He currently resides in Lincoln with his wife and two daughters.

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