It seems that in the past several years, Nebraska residents have heard about a large number of situations in which young people are alleging that an older person inappropriately engaged in sexual activity with them or perhaps at least attempted to do so. Whether or not this is more prevalent today than in past generations is hard to say. Among the many things people should learn about in these situations is when a person can legally agree to participate in sexual activity.
What Is the Age of Consent in Nebraska and Statutory Rape Laws?
According to age of consent law in Nebraska, a person is legally able to engage in sexual activity at 16 years old. However, if they consent to sex with a person 15 years old or younger, they are at risk of being accused of statutory rape. This also means that if an adult (19 or older) may have sex with someone that is at least 16 years old with consent.
The age of consent is also recognized even in cases where both of the people involved are under 16. Therefore if two teenagers who are both 15 have sex, it may lead to criminal charges of statutory rape even if the activity was believed to be consensual on the part of both people.
According to the Nebraska Legislature, a charge of sexual assault in the first degree is classified as a Class II felony in the state. Among the factors that may result in this charge is the age of the people involved. A person over the age of 18 who engages in sexual activity with a person between 12 and 22 years old might find themselves facing criminal charges.
The other things that may contribute to a charge of sexual assault in the first degree are a general lack of consent by one party or the inability of one party to actually consent.
Accused? Contact our sex crimes attorney today to speak about your case.