Omaha Rape Lawyer

State laws govern what constitutes rape or sexual assault in Nebraska. However, it is important to understand that the statutes governing sexual assault encompass any act of sexual contact, including rape, sexual battery, and other actions.

If you are accused of any offense under this statute, it is crucial you reach out to an Omaha rape lawyer as soon as possible. These charges can carry serious penalties. On top of the criminal penalties, rape allegations can be detrimental to your reputation in the community. Therefore, it is critical you work with an experienced sex crimes lawyer who can defend your rights and reputation throughout the legal proceeding.

Berry Law’s team of attorneys have experience with sexual assault cases and have secured not guilty verdicts for numerous clients. If you are facing rape charges in Omaha, you should enlist the help of an experienced attorney as soon as possible to begin building a defense. We can help you defend your reputation and, most importantly, protect your future. Contact us today to schedule a confidential consultation.

Why Might Someone Be Charged with Rape?

An individual in Omaha can be charged with sexual assault or rape in many scenarios. The unwanted touching of another person’s sexual body parts is considered a misdemeanor offense. A felony sexual assault in Nebraska involves penetrating another person or touching them under their clothing or on their sexual body parts without their consent.

Lack of consent is critical in these cases. Law enforcement can press charges if the other party was asleep, incapacitated due to drugs or alcohol, or too young to legally consent. The state can also bring charges if they believe you forcibly committed the alleged act. An attorney in Omaha can help you understand what may lead to a rape charge.

Potential Penalties Following a Conviction in Omaha

The penalties following a rape conviction are steep. For a misdemeanor, which is the lowest rape charge a person could face, a conviction could lead to a year in jail, up to a $1,000 fine, or a combination of both. You may also have to register as a sex offender in the State of Nebraska. The registration requirements vary from 15 years to life depending on the nature of the crime that you were convicted of.

There are three levels of sexual assault or sexual crimes in the State of Nebraska. The lowest level is third-degree sexual assault, which is a Class I misdemeanor. Sexual assault in the second degree is considered a Class IIA felony. A Class IIA felony is punishable by up to 20 years in prison if it resulted in a serious bodily injury. Finally, first-degree sexual assault is a Class II felony, punishable by up to 50 years in prison.

You would have to register as a sex offender after a conviction for the second-degree or first-degree crime. Working with an aggressive lawyer can improve your chances of successfully defending yourself against rape charges.

Fighting Back Against False Allegations of Rape

Though false rape allegations are rare, they do happen. Sometimes these false allegations are made with malice. Other times complaining witnesses make false accusations due to confusion.

Even shoddy police work could push an individual to make a rape allegation that is untrue. There are several strategies you could implement to fight back against these false allegations.

Evidence of Consent

If a person accused you of rape despite having consented to the sexual interaction, you could fight your charges by showing evidence of his or her consent. Establishing consent can be difficult, given that it is often your word against the word of the complaining witness.

Nonetheless, an attorney could help in these cases by thoroughly investigating every aspect of the complaining witness’s claim. In some cases, a lawyer may be able to uncover witnesses that will testify that the complaining witness admitted the encounter was consensual.

An investigation might also uncover communication directly between the parties involved. Text messages or emails, for example, might recount conversations between the parties that provide an admission of consent. We have even utilized Snapchat messages and pictures to help prove consent in previous cases.

Lack of Physical Evidence

Never forget that it is the state’s burden to prove an allegation of rape beyond a reasonable doubt. One of the most important roles of a defense attorney is highlighting the weakness of the state’s case. Often, the prosecution will move forward with a rape prosecution with little more than the complaining witness’ testimony.

An attorney could build a strong defense by highlighting the lack of physical evidence. In some cases, the strongest defense could involve evidence that someone else was involved. In rape cases, the most powerful evidence typically involves the results of DNA tests. Requesting DNA tests that could provide evidence that would exclude the defendant as a suspect is a vital part of any rape case.

Signs of Mistaken Identity

Some complaining witnesses will testify with certainty about the identity of their alleged attacker. Unfortunately, even the most confident person could make mistakes when recalling what occurred. In some cases, the complaining witness will accuse an individual, only for the court to later see evidence that this was likely a case of mistaken identity.

In some cases, a defense attorney could identify individual witnesses that can attest to either the defendant’s alibi or the true identity of that attacker. An aggressive, thorough defense lawyer can develop evidence crucial in pushing back against rape allegations.

The Importance of Seeking Counsel Immediately

There is no benefit to waiting to retain legal counsel. Every day that you wait to hire a lawyer is another day the state has the advantage of building their case. Early intervention by a defense attorney could result in the dismissal of these charges altogether.

An Omaha Rape Attorney Can Help You Fight Your Charges

When someone accuses you of rape, it can be difficult for the police to figure out what actually happened. Consequently, law enforcement will often contact you and urge you to admit to the alleged crime. If you have been contacted by law enforcement, it is important that you consult with a skilled attorney immediately to ensure your rights are protected.

An Omaha rape attorney can help you avoid providing incriminating information to the police and fight to protect your rights throughout the court process. Call Berry Law today to schedule a confidential consultation and discuss your case.