Domestic Violence: Spousal Assault
Spousal assault is not a light matter. Most of the domestic violence cases that had seen the light of the day in Nevada have spouses as the victims. In fact, most of the casualties in domestic violence are women or particularly wives. According to a recent study, Nevada is the second most dangerous state for women.
Of course, this does not encapsulate the entire case of domestic violence with spousal assault. This offense does not choose according to the gender of the victims, even men themselves are assaulted in a domestic setting with some of them not realizing they are under its bondage until it is too late.
Know that hitting your spouse could count as domestic violence in Las Vegas, especially as you are under the law of matrimony and because assaulting someone, especially of your kin, is frowned by the government and the society.
What is domestic violence according to the Nevada Revised Statutes?
We are taking a refresher here. Domestic violence, according to the Nevada Revised Statutes (NRS) 33.018, is an incident when “a person commits one of the following acts against or upon the person’s spouse or former spouse, any other person to whom the person is related by blood or marriage…”
These certain acts are also listed in the same chapter. Here are a few of them:
- Threats with the use of force
- Sexual assault
- False imprisonment
Simply put, domestic violence is when a person abuses someone in their family. Spouses are the most common targets here as they are easily accessible by their partners and because they have the ability to hide it from the rest of family members as opposed to children and the elderly.
Domestic violence in Las Vegas and the rest of Nevada is an ongoing problem and it grows more sinister at every moment, prompting organizations and citizens themselves to do something about it.
What is spousal assault in Nevada?
Assaulting or abusing your husband or wife is under domestic violence. The definition of spousal abuse is the act that constitutes battery, sexual assault, and even verbal attacks. If you punch your wife repeatedly, coercing her to perform sexual acts without her consent, it is an automatic spousal assault that could also lead to spousal rape. Apart from physical attacks, emotional abuse is also one of the most staggering forms of spousal assault. While there is no body pain, there could be psychological damages that are far worse than any injury. Can you press charges for emotional abuse? You certainly can, especially if it is covered by the elements we are already discussing here.
Since spousal assault is under domestic violence, the punishments laden are similar with differences only reflecting depending on the magnitude of the case. If you are found guilty of spousal assault for the first time, you could be charged with a misdemeanor where penalties could be detention, community service of up to 120 hours, fines of $200 to $1,000, and counseling for at least a year. A second spousal assault offense is also misdemeanor while a third offense is a felony which includes at least a maximum of five years in jail.
What to do if accused of spousal assault?
Your partner could accuse you of assaulting him or her without you actually doing the act. We understand the pain coming from it but as someone who is charged and might be facing conviction, you need to recover and think about the steps you need to take to show the prosecution that you are not guilty. Of course, if you are arrested in Nevada, the first thing you should be doing this is enlisting the aid of a Las Vegas criminal defense attorney who should help you of the defense to use during the trial.
Some of the defenses that you can lay down are that there is no strong evidence. Generally, the law enforcement, even if there is no clear evidence of the spousal assault, will have to arrest you so the truth could come out. If the spouse stated that you have been hitting him or her just recently but cannot show marks to prove it, the prosecution could deduce that these are false allegations. You are not there at the time of the assault and spouse is harboring ill feelings against you are some other points you can also raise to stir the case towards your absolution.
Your husband or wife abusing you is traumatizing. You were lead to believe that the person you married will be the one to care and protect you but regrettably, it took a different turn. Being accused of such crime is also very devastating, especially if there is hardly any truth on it. It is a betrayal of someone you treated as your dearest confidant. In retrospect, domestic violence particularly one with spousal assault is a terrible thing and if you found yourself under its duress, you should find a way to disprove it and to make way for the authentic cases.