What Are The Penalties For Rape?
Rape accusations can quickly derail multiple lives – the accuser may already be traumatized, and the person accused is often quickly scrutinized, regardless of whether or not the charge has been fairly reported. The serious nature of the crime generates a visceral response from involved parties and the general public, and everyone involved with the reported crime may be bracing for several difficult months ahead. Nebraska is very strict in punishing sex crimes, and prosecutors will often seek maximum sentences in rape cases. However, the accused can fight back against false accusations, and can seek the help of aggressive, experienced defense from Lincoln and Omaha sex crimes defense lawyers.
Protect your rights and your future. Contact our offices to learn how we can help. Dial (402) 466-8444 to begin your defense now.
Rape Laws in Nebraska
In Nebraska, rape is a specific type of sex crime, with involves coerced sexual activity. Rape falls under the umbrella of sexual assault, and is defined in Nebraska Revised Statute section 28-319 and 28-320. Rape is considered a first-degree sexual assault, and is defined as subjecting another person to sexual penetration in one of the following situations:
- The victim has not consented to the activity.
- The offender was aware (or should have been aware) that the victim was mentally or physically incapable of resisting or appraising the nature of the offender’s conduct.
- The offender is 19 years old or older, while the victim is between 12 and 15 years old.
Penalties for Rape in Nebraska
In Nebraska, rape is typically charged as a first-degree sexual assault, which is a Class II felony. This charge involves heavy penalties, which may include:
- 3 to 50 years in prison
- Registration as a sex offender
The length of the prison sentence will depend on the level of injury sustained by the victim. In the case of a second conviction, the mandatory minimum sentence is 25 years in prison.
When there is not enough evidence to convict a person of rape, the prosecution will often attempt a plea deal to get the accused to accept a lesser punishment in lieu of a fair trial. Some of these deals may still require the individual to register as a sex offender or have other long term consequences. A sexual assault lawyer can be helpful in determining the best course of action and advising whether or not to accept a plea deal for a rape charge.
Start Your Defense Today – (402) 466-8444
Sex crimes charges pose a significant risk to your future and reputation. You may be limited in where you can live, where you can work, and where you can find educational opportunities. If you have been charged with sexual assault or rape, you should get in touch with our Omaha and Lincoln sex crimes defense attorneys as soon as possible. Our team at Berry Law is ready to take on your case immediately, and we will tirelessly fight to protect you. Don’t let false charges ruin your life.