Arrested or Charged with Sexual Assault (NRS 200.366) in Nevada?

If you’ve been charged with sexual assault under NRS 200.366, you’re facing serious felony charges that can result in decades behind bars and a lifetime as a registered sex offender if convicted. You need an aggressive legal defense to protect your rights and future.

At the Benjamin Durham Law Firm, we have a track record of successfully defending clients against sexual assault allegations. We know how to investigate these cases, identify weaknesses in the prosecutor’s evidence, and fight for the best possible outcome. Contact us today for a confidential consultation about your case.

What Counts as Sexual Assault Under NRS 200.366?

Under Nevada law, sexual assault is defined as engaging in sexual penetration with another person against their will. But here’s where things get complicated—what does “against their will” really mean?

According to the law, sexual assault occurs when the alleged victim was:

• Forced or threatened

• Unconscious, intoxicated, or otherwise unable to consent

• Mentally or physically unable to resist

Now, the fact of the matter is—false accusations happen. Maybe the encounter was completely consensual, but now the story has changed. Maybe you were in the wrong place at the wrong time. Maybe there’s more to the story than what’s being told. This is why having an experienced defense attorney is absolutely critical.

What Are the Penalties for Sexual Assault in Nevada?

No way to soften it—this is serious. If convicted, you’re looking at some of the harshest penalties in the legal system.

First-Time Offense (Adult Victim)

• Minimum: 10 years in state prison
• Maximum: Life with the possibility of parole after 10 years

If There’s Substantial Bodily Harm

• Life in prison without parole, or
• Life with the possibility of parole after 25 years

If the Alleged Victim Is a Child (Under 16)

• Life without parole if the child is under 14
• Life in prison with a minimum of 35 years before parole eligibility

Additional Consequences

• Mandatory sex offender registration
• Restraining orders & potential loss of parental rights
• A permanent criminal record that affects jobs, housing, and relationships
• The stigma that follows you for the rest of your life

This isn’t just about jail time—it’s about your entire future. One bad outcome in court can ruin everything.

How Do You Fight a Sexual Assault Charge?

But here’s something to keep in mind—being accused doesn’t mean you’re guilty. The prosecution has to prove their case beyond a reasonable doubt, and that’s not always easy. A strong defense can challenge weak evidence, expose inconsistencies, and protect your rights every step of the way.”

1. Consent

If the encounter was fully consensual, evidence such as text messages, phone records, and witness testimony can back up your side of the story.

2. False Accusations

Sometimes, accusations are made based on misunderstandings, personal conflicts, or outside pressures. If the accuser’s story is inconsistent or doesn’t align with the evidence, your attorney can challenge the credibility of the claims.

3. Lack of Evidence

No DNA? No reliable witnesses? No clear proof? That may not be enough for a conviction. Your defense team can scrutinize weak evidence and hold the prosecution to its burden of proof.

4. Mistaken Identity

Eyewitness misidentifications happen more often than people realize. If you weren’t there, alibi witnesses, surveillance footage, and forensic evidence can be used to prove your innocence.

5. Police Misconduct or Violations of Your Rights

If law enforcement coerced a confession, violated your Miranda rights, or conducted an illegal search, key evidence could be thrown out—potentially weakening the prosecution’s case.

What Should You Do If You’re Arrested for Sexual Assault?

One wrong move could make things worse. Here’s what you need to do immediately:

1. Stay Silent—Seriously, Just Stop Talking

DO NOT try to explain yourself to the police. Anything you say can and will be used against you. Even casual remarks or protests of innocence can be twisted out of context. Stay calm, be polite, and invoke your right to remain silent.

2. Do NOT Contact the Accuser

No calls, no texts, no social media—nothing. Even if you think there’s been a misunderstanding, reaching out can backfire in a big way. Let your lawyer handle any communication.

3. Gather Any Evidence That Supports Your Case

Save texts, emails, call logs, receipts—anything that might help your case. If there were witnesses, write down their names and details while it’s fresh in your mind. The sooner you secure evidence, the better.

4. Get a Criminal Defense Lawyer—Immediately

This isn’t just a bad situation—it’s one that can change your life. The right lawyer can mean the difference between freedom and a conviction. Don’t wait. The sooner you have a defense strategy in place, the better your chances.

Why You Need a Criminal Defense Attorney Right Now

If you’re facing sexual assault charges in Nevada, this is a fight for your life. A conviction under NRS 200.366 could mean decades in prison, a permanent criminal record, and an unfixable reputation.

At Benjamin Durham Law Firm, we know how high the stakes are. We don’t just defend cases—we fight for people. We know the law, we know the system, and we know how to challenge serious criminal charges.

This isn’t just about legal strategy—it’s about protecting your future. Don’t let one accusation define the rest of your life.

Contact us today for a confidential consultation. The sooner you act, the stronger your defense will be.