A rape accusation has the potential to impact your future and reputation forever, even if the allegation is false. If you have been accused and charged with date rape, you should contact an attorney and start building your defense as soon as possible.
An Omaha date rape lawyer can review the allegations against you and advise you on what legal options are available. An experienced sex crimes attorney with knowledge of the laws surrounding your charges can fight to secure the best possible outcome in your case.
Defining Date Rape
Nebraska law does not distinguish between rape and sexual assault, so the penalties for both charges are the same. Nebraska Revised Statutes §28-319 defines first-degree sexual assault as sexual penetration against someone’s will or when the perpetrator is aware or ought to be aware that the other party is not in a position to fight back or fully comprehend what is happening.
While first-degree sexual assault requires penetration, second- and third-degree sexual assault are any type of sexual activity without the other person’s consent. A person can also be charged with second- or third-degree sexual assault if they were aware that the other individual was unable to give their consent (i.e. due to being intoxicated) and proceeded with the sexual act anyway.
Penalties for Committing Date Rape in Omaha
The penalties associated with a sexual assault conviction are severe. First-degree sexual assault in Omaha is a Class II felony, which carries a maximum prison sentence of 50 years upon conviction. However, individuals convicted of sexual assault in the first degree a second time will face a minimum jail term of 25 years.
Second-degree sexual assault occurs when the alleged victim suffers a severe injury. Second-degree sexual assault is classified as a Class IIA felony, which is punishable by up to 20 years in jail.
If the alleged victim was not seriously harmed during the incident, the accused will be charged with third-degree sexual assault. Third-degree sexual assault is a Class I misdemeanor. The punishment for a Class I misdemeanor includes a maximum fine of $1,000 and up to 12 months in jail.
When someone is accused of date rape, they should contact an Omaha lawyer right away. An attorney at Berry Law could look at all the evidence in the case and work to fight the criminal charges.
Reach out to an Omaha Date Rape Attorney Today
Our attorneys understand the most effective strategies to fight against date rape accusations, and they know the long-term ramifications associated with a conviction. A lawyer from Berry Law can utilize their experience in sexual assault cases to craft an effective defense strategy for your case.
An Omaha date rape lawyer understands the consequences of a sexual assault conviction and the impact it could have on your future. If you are facing criminal charges related to date rape, you should contact an attorney immediately. Call now to schedule a confidential consultation and discuss your legal options with a lawyer at Berry Law.
