The Nevada Supreme Court tossed out a 2010 rape conviction on the grounds that the jury contained only two African-Americans. Justices held that the defendant was deprived of his right to a fair and impartial jury. The defendant now awaits a new trial.
The Nevada crime of rape occurs when someone has sex with another person without that person's consent or while that person cannot give consent (such as if the victim is passed out). The most common defenses to rape charges is that the victim gave consent or that no sex occurred. People accused of having unwanted sexual contact with another person that falls short of sex (like groping) is prosecuted as open and gross lewdness.