A sexual assault accusation is devastating. A person falsely accused of rape not only faces jail time, but also mandatory sex offender registration. If the sexual assault is charged as a felony, there are other civil disabilities to consider as well, such as the loss of your right to possess a firearm and/or your right to vote.
Sex Crime Penalties
In Nebraska, sexual assault penalties vary based on several factors. For example, a man who intentionally touches a woman’s breasts without her consent could be charged with third degree sexual assault, which carries a term of up to a year in jail and 15 years on the sex offender registry.
First degree sexual assault involves sexual penetration, no matter how slight. The penalties for first degree sexual assault start at one to 50 years in prison, a felony conviction, and possible lifetime sex offender registration.
Second degree sexual assault is sexual touching that results in injury to the alleged victim. This type of assault is a felony and requires sex offender registration.
Possession or generation of child pornography may be charged in conjunction with, or separate from, sexual assault charges. These cases are charged in state courts as felonies, with penalties starting at 20 years in prison and 25 years on the sex offender registry. When file sharing is used, or pornographic images are generated, the penalties will be higher. Cases charged in federal court often result in a 5-year minimum prison sentence.
Sexual Assault Defense in Seward, Nebraska
Over the decades that Berry Law has defended citizens from false sexual assault allegations, one common pattern has been evident: Juries, judges and prosecutors all want to know why someone would want to make up a false accusation. In cases in which the alleged victim is a child, the child may have been manipulated and/or may be suffering from false memories. Sometimes the sexual assault never happened in the first place. Other times the sexual assault occurred, but the perpetrator was not the accused. Most instances involving sexual assault are “he said, she said” situations. Sometimes the issue is whether or not the sex act actually occurred. Other times, the issue is whether the sex was consensual or the alleged victim was too intoxicated to consent to sex.
Regardless of the circumstances surrounding a sex crime, the accused has rights. These rights must be protected. In many cases, people accused of sexual assault feel theirreputation, finances, and career are all on the line. Our Seward sex crime defense attorneys at Berry Law know what it takes to obtain a successful outcome when everything is on the line.
Contact Our Seward Sex Crime Lawyers for Aggressive Defense in Nebraska
Berry Law has represented people charged with sexual assault throughout the state of Nebraska, including the cities of Omaha, Lincoln, Seward, Aurora, Grand Island, Kearney, North Platte, and others. If you or a loved one have been charged with rape, contact us today.