Is sexual assault a felony or a misdemeanor? In Nevada, sexual assault is a “Category A” felony, which is the most serious category of crime.
Punishments are severe, but vary depending on the specifics surrounding the assault. As a survivor, you have the right to pursue a civil claim for justice, and a Las Vegas sexual assault lawyer can lead that fight.
Differences Between Felonies and Misdemeanors
Felonies are more serious crimes than misdemeanors and come with increased penalties. A felony conviction can lead to a year in state or federal prison, or much longer sentences. Some felony offenses warrant incarceration for life. A felony conviction can also come with steep fines and other long-term consequences, such as loss of voting rights.
Misdemeanors are less serious criminal offenses. In Nevada, the maximum jail sentence for most misdemeanors is six months, and the maximum fine is $1,000. For gross misdemeanors, which are the more serious versions of these “lesser” offenses, convictions can lead to sentences of up to 364 days in jail.
Sexual assault is a felony offense. While survivors can take comfort when the offender receives a punishment from the criminal justice system, they can also seek personal justice by filing a personal injury claim in Nevada. A favorable case outcome can get them compensated for their losses and suffering.
Sexual Assault Is a Felony In Nevada
Per the Nevada Revised Statutes (NRS) 200:366, a person commits sexual assault when they:
- Subject another person to sexual penetration
- Force another person to sexually penetrate themselves, someone else, or an animal against the victim’s will or when the victim is incapable of understanding or resisting the act
- Commit sexual penetration on a child under age 14 or cause the child to penetrate themselves or another person or animal
According to the statute, sexual assault is a Category A felony, punishable by incarceration in state prison.
Possible Penalties for a Sexual Assault Felony
Penalties for sexual assault vary depending on the consequences of the offense, the victim’s age, and the offender’s history. In its Sex Crimes: Definitions and Penalties analysis, the Rape, Abuse, & Incest National Network (RAINN) summarizes the penalties for sexual assault as established in Nevada’s statute.
Bodily Harm
When the assault causes “substantial bodily harm,” penalties include life in prison without the possibility of parole, or a life sentence with the possibility of parole after 15 years.
If the assault does not cause substantial bodily harm, convicted offenders may get a life sentence with the possibility of parole after 10 years.
The Age Factor
Assaults on children under age 16 can lead to life in prison without the possibility of parole if the attack caused substantial bodily harm. If there was not substantial bodily harm, perpetrators can get a life sentence with the possibility of parole after 25 years.
When the attack does not cause substantial bodily harm and is against a child under age 14, convictions can bring a life sentence with the possibility of parole after 35 years.
Repeat Offenses
The court considers an offender’s history of sexual offenses when determining prison sentences. Offenders who perpetrate sexual assault on children under 16, and who have previous convictions of sexual offenses against children, are assigned a life sentence without the possibility of parole.
Other Felony Sexual Offenses in Nevada
Sexual assault is a felony sex crime in Nevada, but it is not the only type of sexual offense. Other felony offenses include:
- Sex trafficking
- Battery with intent to commit sexual assault
- Child sexual abuse
- Sexual exploitation of a child
Survivors of any sexual crime deserve the chance to hold their attackers accountable.
Sexual Assault Can Present Grounds for a Personal Injury Claim
Sexual assault is a felony that generates serious punishment from the criminal justice system. Survivors deserve to see their attackers sent to prison and get the peace that comes from knowing the offender is behind bars.
Still, those punishments do not compensate survivors for the pain they have endured and the effects the attack has had on their lives. According to RAINN’s Statistics: The Long-Term Impacts of Sexual Violence:
- 70% of survivors experience damage to their mental health, including post-traumatic stress disorder (PTSD), suicidal ideation, and depression.
- Survivors have an increased risk of substance misuse.
- Survivors are about 35-40% more likely to experience disruption to relationships with family and friends, and experience problems at school or work.
A compassionate, experienced lawyer can fight to get survivors financial justice for these and other losses.
You Deserve Compensation for Sexual Assault
The damages that can be recovered in a personal injury case typically cover financial expenses related to the incident and acknowledge your suffering. Sexual assaults can cause both physical and emotional harm. Through a personal injury claim, we can fight for recovery or recognition of your:
- Medical costs
- Income lost while you recover
- Counseling expenses
- Tuition recovery, if you had to take a break from your college or vocational studies
- Emotional and psychological distress, and physical suffering
Surviving a sexual assault is a victory in itself. You also deserve a victory in a civil claim.
Other Parties May Contribute to Sexual Assault
The attacker is always to blame for the assault, but sometimes, they are not the only party at fault. If a property owner or supervisor’s security failure created the opportunity for the assault to occur, you may have a premises liability claim against them as well.
For example, you may have been attacked in a poorly lit parking lot that lacked adequate security patrols. Your landlord could have failed to fix broken locks on doors or windows, allowing your attacker to enter your apartment.
Talk to an attorney as soon as possible so we can gather the evidence needed to prove premises liability and file your claim.
We Fight to Get Sexual Assault Survivors Justice
Sexual assault is a felony offense. Perpetrators can be held accountable through both the criminal justice and civil systems. As a survivor, you deserve justice, and the team at H&P Law is here to help you get it by fighting to secure compensation for the pain and losses you have endured.
