If you have been charged with a sex offense, consent may be a defense depending on the circumstances of the case.First, the age of the victim and the defendant is paramount when determining if consent is a defense. This means that an individual under the age of 16 cannot legally consent to having sex.The law draws a very fine line when it comes to the age of consent.It does not matter if the minor verbally agreed to the sexual activity, or even if he or she initiated the conduct, in the State of Nebraska an individual under the age of 16 cannot consent to sex.Nebraska does, however, have a “Romeo and Juliet” law which prevents teenage lovers from being convicted of serious sex offenses when they engage in consensual conduct.The law prohibits an individual 18 years old and younger from being convicted of statutory rape.This page lists the most applicable state crimes addressing stalking. (2) For purposes of sections 28-311.02 to 28-311.05, 28-311.09, and 28-311.10: (a) Harass means to engage in a knowing and willful course of conduct directed at a specific person which seriously terrifies, threatens, or intimidates the person and which serves no legitimate purpose; (b) Course of conduct means a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose, including a series of acts of following, detaining, restraining the personal liberty of, or stalking the person or telephoning, contacting, or otherwise communicating with the person; (c) Family or household member means a spouse or former spouse of the victim, children of the victim, a person presently residing with the victim or who has resided with the victim in the past, a person who had a child in common with the victim, other persons related to the victim by consanguinity or affinity, or any person presently involved in a dating relationship with the victim or who has been involved in a dating relationship with the victim. However, depending on the facts of the case, a stalker might also be charged with other crimes, such as trespassing, intimidation of a witness, breaking and entering, etc. For purposes of this subdivision, dating relationship means frequent, intimate associations primarily characterized by the expectation of affectional or sexual involvement but does not include a casual relationship or an ordinary association between persons in a business or social context; and (d) Substantially conforming criminal violation means a guilty plea, a nolo contendere plea, or a conviction for a violation of any federal law or law of another state or any county, city, or village ordinance of this state or another state substantially similar to section 28-311.03.
” Although it may help to have a basic understanding of how and when consent can be used as a defense to a sex offense it is always best to consult with an experienced Nebraska criminal defense attorney to find out if consent is a viable defense in your specific case. (2) Any person convicted of violating section 28-311.03 is guilty of a Class IV felony if: (b) The victim is under sixteen years of age; (c) The person possessed a deadly weapon at any time during the violation; (d) The person was also in violation of section 28-311.09, 42-924, or 42-925 at any time during the violation; or (e) The person has been convicted of any felony in this state or has been convicted of a crime in another jurisdiction which, if committed in this state, would constitute a felony and the victim or a family or household member of the victim was also the victim of such previous felony. (2006) (1) Except as provided in subsection (2) of this section, any person convicted of violating section 28-311.03 is guilty of a Class I misdemeanor.In addition, states laws establish guidelines for minors with respect to providing medical consent, entering into contracts, suing in a court of law, and other legal processes.Nebraska Legal Ages Laws at a Glance Nebraska is unique in that the age of majority is 19 (only two other states set the limit higher than 18).And as far as emancipation is concerned, the only explicitly stated rationale for being declared an adult in Nebraska is marriage.