Allegations of rape can have long-lasting effects on a person’s life, even when those allegations are later found to be false. Such accusations leave a mark on your good name and can make it difficult to secure employment or housing for years to come.
Rape is a form of sexual assault. Charges for sexual assault in Nebraska range from misdemeanor offenses to felonies punishable by up to 50 years in prison. In addition to possible prison time, a conviction for rape in Omaha often results in fines and mandatory registration on the Nebraska Sex Offender Registry. If charged with a felony offense, you could also lose your civil liberties, including the right to own a firearm or to vote in elections.
If you’ve been accused of rape, contact the criminal defense team at Berry Law. Their attorneys have the experience you need to build a defense against sex crime charges. They can intervene on your behalf to secure the best possible outcome for your situation, protect your rights, and defend your reputation.
What is Sexual Assault as it Relates to Rape?
The state of Nebraska recognizes three degrees of sexual assault. Those designations determine the penalty ranges for sex crime convictions. Lack of consent is a critical factor in all sexual assault and rape cases. First-degree sexual assault is what the general public most often associates with the crime of rape, but sexual assault can encompass any sexual contact that is non-consensual in nature.
Third-Degree Sexual Assault
Sexual assault in the third degree occurs when there is any non-consensual sexual contact or touching between parties, or if the accused individual knew or should have known that the victim was mentally or physically incapable of resisting such contact. In third-degree sexual assault cases, the assault does not result in any serious bodily harm to the victim.
Third-degree sexual assault is a Class I misdemeanor punishable by up to one year in jail and/or a $1,000 fine, as well as a possible requirement to register as a sexual offender.
Second-Degree Sexual Assault
Sexual assault in the second degree occurs when there is any sexual contact or touching by the accused without the consent of the victim, or which the accused knew or should have known the victim was mentally or physically incapable of resisting. Here, the assault also results in serious bodily harm to the victim.
Punishable by up to 20 years in prison, second-degree sexual assault is a Class IIA felony.
First-Degree Sexual Assault
Sexual assault in the first degree, which includes rape, is defined as any non-consensual sexual penetration, which can include sexual intercourse, digital penetration, oral sex, sodomy, or any other sexual activity involving penetration.
A person can be charged with first-degree sexual assault in cases where the victim was sleeping, incapacitated by drugs or alcohol, or too young to legally give consent during the sexual encounter. Forcible penetration, in which the sexual encounter occurred without consent and by force is a common factual scenario associated with rape charges. All second-and first-degree sexual assault convictions require registration on the Sex Offender Registry.
What Are the Penalties for Rape in Omaha?
First-degree sexual assault is a Class II felony, punishable by between one and 50 years in prison, with the possibility of a lifetime requirement to register as a sex offender. A judge may give consideration at sentencing to whether the defendant caused the victim serious personal injury.
A second conviction for sexual assault in the first degree is subject to a mandatory minimum sentence of 25 years in prison. When rape occurs in conjunction with other crimes, additional charges may be added to the sexual assault charge. It’s common for prosecutors in Omaha to file false imprisonment charges alongside first-degree sexual assault charges.
Are There Other Charges that Can Stem from an Allegation of Rape?
Rape allegations often involve accusations that the defendant knowingly restrained or abducted his or her accuser during the rape. False imprisonment in the first degree is a Class IIIA felony that could add up to three additional years of imprisonment, as well as a potential $10,000 fine. False imprisonment in the second degree may be charged when the defendant is accused of knowingly restraining the victim without the proper legal authority to do so. This charge is a Class I misdemeanor, carrying a sentence of up to one year in prison and a $1,000 fine.
In some cases, an individual accused of rape could also face kidnapping charges if the prosecutor alleges that the defendant abducted the victim and restrained them for the purpose of seeking a ransom, to terrorize them, or to commit a felony, such as rape. Kidnapping is a Class IA felony, with an additional possible penalty of up to life in prison if convicted.
If the allegations include that the kidnapped victim was voluntarily released without suffering serious bodily injury, a kidnapping charge may be reduced to a Class II felony, punishable by between one and 50 years.
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What is Statutory Rape?
In sexual assault cases involving a minor, the accused is typically charged with statutory rape. Statutory rape occurs when the age difference between the alleged perpetrator and the victim doesn’t allow for legal consent to sexual activity under state law. Even if both parties willingly participated in sexual activity, consent is not a defense for statutory rape cases because the victim has not reached the legal age of consent as set by the state of Nebraska.
What are Possible Defenses Against Rape Charges?
You are innocent until proven guilty in the eyes of the court, and you have the right to refuse to speak with law enforcement until you can consult with your lawyer. Many people feel they can prove their innocence by talking to law enforcement right away. In reality, making such statements could make the situation much worse. Easy-to-fumble words or the wrong turn of phrase while under stress could be used against you later in court.
If you’ve been accused or charged with rape or sexual assault, it’s best to consult with an attorney experienced in defending rape cases immediately.
Consent
If the victim of a sexual assault has passed the legal age of consent, a defense attorney could attempt to show that he or she consented to the sexual encounter in question. Through the testimony of witnesses, an attorney may be able to prove that the alleged victim admitted that the encounter was consensual. Text messages, emails, photos, or social media accounts could also be used to illustrate admission of consent.
Lack of Evidence
In many sexual assault cases, the prosecution relies solely on the victim’s statement that he or she was raped. A defense attorney may point out the lack of any physical evidence to prove that a crime occurred or that the physical evidence present points to another suspect. DNA tests can be particularly helpful in excluding the defendant as a suspect entirely.
Innocence
If the defense can present an alibi that proves the defendant could not have committed the crime because he or she was in another location during the time the assault occurred, charges may be dropped. An attorney may also point to additional evidence suggesting the true identity of the victim’s attacker or evidence that shows the victim simply misidentified their attacker by mistake.
False Allegations
While the vast majority of sexual assault reports are rooted in truth, false rape allegations can and do occur either intentionally or as a result of mistake or confusion. Mistakes made by law enforcement in sexual assault investigations can lead to false rape allegations as well.
False allegations can stem from a number of factors, including regret, confusion, fear of another’s reaction, revenge, or jealousy.
Contact a Defense Attorney Today
The criminal defense team at Berry Law has secured not guilty verdicts for many clients who have been wrongly accused of rape. Let them work for you.
