Sexual assault

Sexual assault almost always happens in private. There are typically two people who know what actually occurred: the defendant and the alleged victim. That makes credibility the center of most of these cases.

Nevada law allows a jury to convict based solely on the testimony of the accuser, as long as the jury finds that testimony credible beyond a reasonable doubt. No corroborating evidence is required. That's a low bar for the prosecution, and it means that how the defense challenges the accuser's credibility, consistency, and motive often outweighs any physical evidence.

That said, prosecutors routinely develop corroborating evidence: text messages and social media communications, medical records and rape kit findings, expert testimony on trauma responses, and witness accounts of the victim's behavior before and after the alleged assault. Each piece of that evidence can be examined, challenged, and in some cases explained away, but only if an attorney does that work piece by piece.

Sexual assault charges must be filed within 20 years (NRS 171.085). But if the victim, or someone acting for the victim, files a written report with law enforcement at any point in that 20 years, the time limit is removed entirely (NRS 171.083). No DNA match is required.

For sexual abuse of a child, charges can be filed until the victim turns 36, or 43 if the abuse was not discovered by then (NRS 171.095). Cold cases filed many years after the original report are a real possibility.

Delayed reporting also has implications for the defense. Memories fade, witnesses become unavailable, physical evidence degrades, and alibis become harder to reconstruct. When an allegation surfaces years after the alleged event, these challenges become defense assets.

In some cases, yes. A reduction depends on the specific facts, the strength of the state's evidence, the alleged victim's cooperation, and how thoroughly the defense has challenged the prosecution's case before any negotiation takes place.

Prosecutors are less likely to offer a good deal when the defense has done nothing to contest the charges. The more the defense has developed counter-evidence, challenged witness credibility, and identified weaknesses in the prosecution's theory, the more leverage exists in any negotiation.

Reductions from sexual assault to lewdness, battery, or other offenses that don't carry lifetime registration are sometimes achievable depending on the facts. But they require a defense that's been built deliberately, not a last-minute plea on the courthouse steps.

Do not speak to police. Not to deny the allegation, not to explain what happened, not to cooperate informally. Sexual assault investigations are specifically designed to elicit statements, and anything you say will be used against you, even if it sounds exculpatory (like it clears you) at the time.

Do not contact the alleged victim. Even if you have a prior relationship and want to work things out, contact can be charged as witness tampering or violations of a protective order. It will also be used to argue consciousness of guilt.

Preserve everything on your end: messages, emails, social media, anything that shows the nature of your relationship with the alleged victim or contradicts their account. Evidence on your side can disappear just as easily as evidence against you.

Call 702-990-0190. The earlier counsel is involved, the more that can be done.

A sexual assault conviction can never be sealed in Nevada. NRS 179.245(6) bars sealing for every sexual offense. If you were convicted and believe legal errors occurred at trial, an appeal may be an option.