State statutes govern what constitutes rape or sexual assault in the state of Nebraska. However, it is important to understand that rape is not a separate and distinct crime in Nebraska. 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.

How Can Someone Be Charged with Rape?

A person individual in Omaha can be charged with sexual assault in a handful of ways. One way is through an unwanted touching of somebody’s sexual body parts. That is considered a misdemeanor offense. A felony sexual assault in the State of Nebraska involves the penetration or touching of someone under their clothing or their sexual body parts without their consent.

There are several ways the state can prove the lack of consent. One way is proving that the alleged victim is too young to legally consent. Another way is proving that a person is unable to consent as they were incapacitated due to drugs, alcohol, or were asleep. Finally, the state can prove a person forcibly committed the alleged act. A rape attorney in Omaha can help build a strong defense on your behalf and help you fight these allegations.

Potential Penalties Following a Conviction in Omaha

For a misdemeanor conviction, a person could face up to a year in jail, up to a $1,000 fine, or a combination of both. The person 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 they were convicted of.

There are three levels of sexual assault or sexual crimes in the State of Nebraska. The lowest level is a 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. For the second-degree or first-degree crime, the person would also have to register as a sex offender.

An Omaha Rape Attorney Can Be an Ally

It is important to hire a lawyer for these types of crimes because they occur between two people. Therefore, it can be difficult to know what actually happened. In reports of sexual assault, one of the first things that law enforcement will try to do is contact the accused to try to get them to admit or confess to help corroborate the fact that an assault may have occurred. 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 give you advice to ensure you do not provide incriminating information to the police. To discuss your case, call Berry Law to schedule a confidential consultation.

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