Statutory rape is categorized based upon the ages of the accused and the alleged victim. If a person is 19 years of age or older, he or she cannot have any sexual contact with a person who is 15 or younger. An Omaha statutory rape lawyer can further explain the laws in the state. If you were accused of statutory rape, an aggressive sex crimes lawyer from Berry Law can help you fight back.

What are Romeo and Juliet Laws?

Romeo and Juliet clauses break down the level of culpability or the level of felony crime based on the ages of the alleged perpetrator and the alleged victim. Depending on whether a person is older or younger than 18, different laws would apply. An attorney in Omaha can explain the Romeo and Juliet laws and how they would impact a statutory rape case.

What Makes Statutory Rape Charges Unique

Statutory rape allegations are different from other cases because the only issue is the age of the people involved. Intent does not matter. It is important to note that the laws protect the child so, even if the child is lying about their age, the law puts the onus on the adult or the older person to determine whether the person is actually of age. A person who is underage does not have the capacity to consent to sexual intercourse, sexual penetration, or sexual contact.

Finally, the allegations made by a third party do not matter. There must be some evidence from the alleged victim or some other corroboration that the sexual contact occurred. For example, a parent or an older sibling saying that a sexual assault occurred is merely hearsay and is not enough for a conviction. The alleged victim or the perpetrator must provide some sort of corroborating evidence that some sort of sexual contact occurred for a case to move forward.

Fighting Charges in Omaha

Statutory rape cases are prosecuted vigorously, as they are some of the more serious cases in the State of Nebraska. They usually carry severe penalties that can include prison time and registration as a sex offender. Therefore, it is important to work with an experienced attorney who can help you fight the charges you’re facing.

Experienced statutory rape lawyers build defenses based on the specific facts of the case. For example, if the accused did not make an admission, then the starting point for the defense may be that it did not happen. If there is some evidence to suggest the accused and the alleged victim were together but there is no evidence to corroborate that sex occurred.

Consult an Omaha Statutory Rape Attorney

A person facing statutory rape charges should look for experience when looking at which attorney to hire. There are plenty of attorneys out there who have represented some people charged with statutory rape but there are only a handful of decent attorneys in the state of Nebraska who have actually defended somebody during a jury trial for statutory rape and have been successful. To speak with an experienced Omaha statutory rape lawyer about your case, call Berry Law today to schedule a consultation.

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