Dealing with Forcible Rape
Nevada considers the problem with violent crimes as a major concern. Measures to reduce such crimes within the state are still at a high, especially after the Federal Bureau of Investigation marked the state as second in terms of violent crime rates across the entire United States. One of the more severe legal problems currently being dealt with is the violent crime of forcible rape.
Forcible rape is one of the more common offenses that people can associate with violent crimes, although what they may be thinking of would be the other equally common crime of statutory rape. It is already a serious offense on its own, but in most cases, it can also lead to the serious physical injuries or even death on the part of the victim, which can make for a more severe crime. Facing a forcible rape charge can be difficult to defend against, especially when the defendant has no knowledge about how the offense is defined and prosecuted.
What Counts as Forcible Rape?
Under the FBI’s Uniform Crime Reporting Program, the crime of forcible rape is committed on another person using force and intimidation and against the victim’s will. This usually includes verbal and physical threats to the victim or to any of the victim’s relations, physically harming the victim before and during the act, and in some cases, inflicting further physical harm on the victim that could lead to death, although the latter often relates more to a murder case as the primary focus of a conviction. Age is irrelevant so long as the victim was sexually penetrated forcibly and without consent.
Forcible rape issues are a rather problematic case. Much like the related crime of statutory rape, this particular offense can have a major psychological impact on the victim. The social stigma of being the victim of sexual assault can also leave a negative mark on the abused. These have caused a number of forcible rapes go unreported, although recent legislation and increased enforcement of laws against these kinds of sexual crimes have led to more cases being brought to light.
As stated earlier, the State of Nevada has taken a tough stance against any perpetrators of forcible rape and other similar sexual assault crimes within its borders. Within the state, all forcible rape convictions equate to life imprisonment, with additional factors that can affect a convicted person’s chances of getting back out. These factors may include presence or absence of injuries, victim age, other possible crimes related to or committed during or after the act, and so on.
Injuries are a serious deciding factor in a rape case. The presence of injuries on the victim can lead the judge to deny any chance of parole for the defendant if he or she is sentenced. The defendant has a greater chance at parole if he or she only threatened the victim and went on with the sexual act without inflicting physical violence, although the amount of time needed before the chance for parole can be granted would depend on the victim’s age; the younger the victim, the longer the person has to serve before he can request parole. Those with previous criminal records or have committed sexual offenses in the past will have to deal with having no chances of parole, as well.
Facing a Forcible Rape Charge
Being accused of forcible rape can be a tough legal battle to deal with in this state. If a defendant is caught without knowing what laws he or she may be breaking, or if he or she fails to effectively refute any arguments made by the prosecution against him, he can expect to face a conviction within a few more hearings. Fortunately, there are several tactics that can be used to win a case dismissal in court against these kinds of charges.
Impotence on the part of the defendant may be invoked to disprove any claims of sexual penetration, although in some cases even partial penetration already counts. Proving that the act was committed with the consent of the alleged victim can also be used, but only if the defendant has solid proof. A riskier choice would be to invoke the insanity defense, usually by citing partial insanity due to alcohol; this is one of the more difficult-to-use defenses because it is far more difficult to prove than the consent defense.
Forcible rape is a harrowing reminder of the lawless elements that lurk throughout and dare to hurt many innocent lives. However, it need not be used as a means to ruin the lives of people who really have no intention to commit such acts. Don’t face these legal trials alone; seek out expert sex crimes lawyers to help turn the case around.