Legal Question in Criminal Law in Nevada

Sexual Assault As Child

I am currently 32 years old, male. By word of mouth, I have been accused of sexual assault. (No formal charges have been brought to me at this point in time.) The accused is making the accusation that I sexually assaulted her when I was 10 years old and she would have been 7, which is 22 years ago.

I am wondering if she tried to persue this matter legally what types of suites could possibly occur (Criminal/ Civil) and would this case actually stand up in a court of law?

I have been looking online for any information on this type of case. Statue of limitations, etc.

But I am not a lawyer and need a little help understanding what I could expect to happen. I know that if something were to come up, I need to contact a lawyer right away, but if you could help me in any way I would greatly appreciate it.

Thanks.


Asked on 11/07/07, 4:26 pm

1 Answer from Attorneys

Jim Herbe Black & Lobello

Re: Sexual Assault As Child

Thank you for your inquiry. As a practical matter it would be virtually impossible for formal sexual assault criminal charges to be brought against you for several reasons:

1) At the time of the alleged crime you were 10 years old. By law this makes you a juvenile at the time of alleged crime.

2) You would never be charged as an adult as juvenile offenders under the age of 14 cannot be tried as an adult.

3) It would be very difficult to provide any tangible evidence of your alleged assault. It sounds as if the only evidence against you is the girl's statement. Again very difficult case to bring forward.

Contact my office if you would like to discuss the matter further.

Regards,

Jim Herbe

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Answered on 11/08/07, 12:44 pm


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