Sexual assault accusations can be detrimental to a person’s career and relationships, regardless of whether it is followed by an arrest or conviction.  The social stigma of being charged with sexual assault in Omaha can be difficult to deal with, but the punishment for a sex assault conviction can be far worse with a possible jail sentence of up to 50 years. If you are facing a sex assault allegation you should contact an Omaha sexual assault lawyer immediately. The quicker you contact an attorney, the quicker they can build a defense for you and your case, ensuring your rights and future are protected.

Our team has defended hundreds of clients facing sexual assault allegations. We understand the way these cases work and understand what it takes to build a strong defense on our client’s behalf. If you have been accused of sexual assault, contact a skilled sex crimes lawyer on our team to schedule a confidential consultation about your case.

What is Sexual Assault?

Sexual assault is any action where a person intentionally touches another person or engages in sexual misconduct without the consent of the other party. In Omaha, like the rest of Nebraska, sexual assault is broken down into three different degrees:

First Degree Sexual Assault – According to Nebraska Revised Statute 28-319, sexual assault in the first degree occurs when any person subjects another person to sexual penetration either without the consent of the victim, knowing the victim was mentally or physically incapable of resisting or appraising, or when the actor is at least twelve years of age but less than 16. Sexual Assault in the first degree is a Class II felony.

Second Degree Sexual Assault – Sexual assault in the second degree occurs when any person causes serious personal injuries to the victim while subjecting them to sexual contact without either the consent of the victim or knowing that the victim was physically or mentally incapable of resisting or appraising. Sexual Assault in the second degree is a Class IIA felony.

Third Degree Sexual Assault – Sexual assault in the third degree occurs when any person subjects another individual to sexual contact without either the consent of the victim or knowing that the victim was physically or mentally incapable of resisting or appraising. Sexual assault in the third degree is a Class I misdemeanor.

Penalties for a Conviction in Omaha

As previously stated, sexual assault in Omaha can result in three different penalties, a Class II felony, a Class IIA felony, or a Class I misdemeanor. All these punishments include possible jail time, with a Class II felony including a potential prison term of up to 50 years. It is important to understand that a conviction for sexual assault can derail your career, even if you are not facing a felony charge. Each of these crimes will also require you to register as a sex offender if convicted. A dedicated sexual assault lawyer in Omaha can fight for you every step of the way, protecting your rights throughout the legal process and developing a strong defense on your behalf.

Understanding Consent in Omaha Sex Assault Allegations

The most prominent issue in sexual assault allegations is consent. In fact, a person in Omaha can even be charged with sex assault if they knew or should have known that the victim was unable to affirmatively consent to sexual contact. This can occur when the alleged victim is too intoxicated or if they are a vulnerable adult with a mental or functional impairment.

Under the assumption that an adult has the capacity to consent, an adult can consent in a number of different ways. The most common form of consent that Omaha sex assault lawyers see is physical reciprocation. This means that if an adult actively engages in sexual contact, that will typically be considered consent. However, the opposite is also true. If an adult resist sexual contact, this can be deemed a lack of consent.

When determining whether a person has the capacity to consent, the burden is always on the actor, or the person initiating sexual contact. This goes both ways. The person who initiates the contact, male or female, must know that the other person is willing and able to consent.

Understanding Your Rights in a Sexual Assault Investigation

People accused of sex assault have typically never been in trouble with law enforcement and therefore do not know what to expect during a sex assault investigation in Omaha. When you are under investigation for a sex crime, you do have rights. Our dedicated Omaha sex assault attorneys can explain your rights in these cases and ensure that they are protected. Some rights that individuals should understand they do or do not have in these cases are:

  • You do have the right to remain silent
  • You do not have a right to lie to law enforcement
  • Police can be untruthful to the accused during an investigation
  • You do not have a right to examine the police report during investigation
  • You do not have the right to confront witnesses during an investigation
  • You do not have the right to present evidence of your innocence to law enforcement
  • You do not have the right to file charges against the accuser for false allegations

Reach Out to an Experienced Omaha Sexual Assault Attorney

Sexual assault accusations are serious. The prosecuting attorney will take these charges seriously and so will a judge. If you have been charged with sexual assault in Omaha, Nebraska, you may be in the most important battle of your life. The experienced Omaha sexual assault lawyers at Berry Law have defended hundreds of clients facing sex crime allegations. If you or somebody you know has been charged with a crime relating to sexual assault in Omaha, contact the skilled defense attorneys at Berry Law to schedule a confidential consultation.

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