Can Date Rape Happen to Males?

A sexual assault such as rape does not choose victims. The possible victims of this crime extends beyond a particular gender, race, or status. Simply put, we can all be victims of rape. Having said that, it is definite that it is women who are mostly victimized by rape but male rape victims do exists. And some of them are victims of date rape in Nevada. Read on this post to learn how and why date rape can happen to men.

 

What is date rape in Nevada?

As it name suggests, date rape happens during a date between two people or a get-together of a group. Common places this occurs in are restaurants, bars, and even fraternity and sorority houses.

Date rape is a forceful sexual penetration without consent of the victim during a date or a party. And what makes date rape different from other sexualassault in Las Vegas is it usually done by drugging or making sure that the victim was intoxicated to the point that they cannot refuse the sexual act. Horror stories of date rape include the perpetrator slipping club drugs to the victim’s drink to induce quick confusion and even loss of consciousness.

What happens when a male is a victim of date rape?

While the victims of date rape in Nevada is predominantly female, we cannot exclude the fact that male victims can exist with most of them probably not speaking out due to social stigma. Just last year, a male college student from Michigan claimed that he was drugged and assaulted during a party. The reports of male date rape victims are small in numbers but they are there.

A simple date in Las Vegas could lead to date rape. This is why it is important that you become vigilant as you can either be the victim or the accused. Just like any other victim of date rape, a male victim must go to the authorities and report the incident. Nevada is growing when it comes to protection of victims of abuse and the state do not discriminate on the gender. Men will absolutely be helped by the law and organizations against rape.

Now, if you are the accused of raping a male—whether you are a woman, a man, or of any gender preference, you must immediately get the aid of a Las Vegascriminal defense lawyer to help avoid charges.

 

What are the penalties for date rape in Nevada?

Date rape in Nevada is punishable by the same punishments given to people found guilty of standard sexual assault. This means a category A felony and the consequences could escalate depending on the victim’s age, injuries, and the criminal background of the rapist.

What to do to avoid date rape conviction?

With your legal representation, you must think of defenses that are in line with your side of the story. Here are some examples of defenses to use:

• There is consent – through text messages, audio recordings, video footages, and even eyewitness accounts, you could argue that the plaintiff actually agreed to sex during your date in Las Vegas
• No date rape drugs are found in the system of the plaintiff
• You didn’t have sex – with the help of medical testimony, you could present that no actual sex happened
• You were actually the victim of rape – the plaintiff was actually the perpetrator himself

A date rape is arguably one of the worst violentcrimes in Nevada and the rest of the country as it is a betrayal of trust and a mistreatment of one’s body and soul. Aside from being the culprit, men can be victims of date rape too and it is high time we learn more of this problem. 

What is Provocation in Nevada Manslaughter?

For a defendant to be tried for voluntary manslaughter in Nevada, they must be provoked to an extent that they cannot contain their intense rage towards a person. Provocation is one of the essential elements the court looks into to decide if the person is guilty of either a voluntary manslaughter or involuntary manslaughter which has heavier penalties than the former.

In this post, we will learn more about this type of Nevada murder homicide and how provocation is legally defined.

 

What is manslaughter in Nevada?

There are two types of manslaughter in Nevada. First is the involuntary manslaughter where the killing of a person was done accidentally and without malice although death is expected during the act. The second form of manslaughter is voluntary manslaughter, where the person was driven by passion in committing the murder. Both manslaughter cases entail weighty felony charges and guarantee a prison time of one to 10 years.

 

What counts as provocation in Nevada?

One key element in proving that a Nevada murder homicide is, in fact, a voluntary manslaughter is the provocation done to the defendant. This can be a serious bodily harm or an event that triggers extreme emotional response such as adultery.

It cannot be voluntary manslaughter if there was a “cooling off” period in the entirety of the crime, even if the defendant was first provoked. For example, a neighbor throws a brick to the head of a man’s son. Out of rage of the son getting hit, the man killed the neighbor a week after the encounter. This is simply premeditated murder. Voluntary manslaughter is also called a “heat of passion” crime because it thrusts the person to a blind killing rage after the provocation.

Now, the Nevada Revised Statutes (NRS) section 200.490 provides provocation definition as “a sign or gesture” meant to disrupt peace. When it comes to Nevada murder homicide cases, provocation can go beyond signals and be something actually hurtful to the defendant. NRS 200.040 states that provocation must be “sufficient to make the passion irresistible, or involuntary, in the commission of an unlawful act.”

A lot of people commit voluntary manslaughter in Nevada due to uncontainable violent impulse. If you believe that this is your case, get the aid of a Las Vegas criminal defense attorney who is well-versed about types of manslaughter in the state to ensure that you do not get convicted at all!

Justifiable Homicide in Nevada

Killing in self-defense can be called justifiable homicide in Nevada. There are cases when the supposed killer has no other choice than to end the life of the victim because they are already causing too much threat not only to the defendant but also to other people. However, as its name, Nevada murder homicide can only be justified through certain factors before it is accepted in court. Proceed below for further information.

Definition of justifiable homicide in Nevada

Due to many excessive violent crimes in Nevada, some people are forced to kill to save their lives or protect their properties. According to the Nevada Revised Statutes (NRS) section 200.120, justifiable homicide is “the killing of a human being in necessary self-defense, or in defense of an occupied habitation, an occupied motor vehicle or a person, against one who manifestly intends or endeavors to commit a crime of violence…”.

Simply put, justifiable homicide occurs when you kill a person that is trying to invade your home, attack you inside your car using a deadly weapon, or other means with the malicious intent to harm you.

Factors of justifiable homicide

Of course, for a Nevada murder homicide to be considered as a justifiable homicide, it must meet certain conditions. First, the person who committed the homicide must not be the original aggressor, has to be in the situation where deadly force was used, and is not engaged in any criminal activity.

The fear of attack is not sufficient to label the murder homicide as justifiable. Certain factors such as knowing that the person was really entering a home through force is needed to be proven. The killer should also have not provoked the victim first.

Public officers such as police officers hold the right to justifiable homicide, known as deadly force, if they are doing it under the law. One example of a justifiable homicide in Nevada done by a public officer is a police shooting an escaped prisoner who is on his way to harm somebody. They can also kill someone during a riot if it is necessary.

Killing is never right unless it was carried out to keep people safe and to exercise one’s rights. If you are faced with a Nevada murder homicide case and you firmly believe that your act was a justifiable homicide, get the help of a Las Vegas criminal defense attorney.