Last week the Nevada Supreme Court delivered an important advance opinion clarifying how courts should deliberate double jeopardy claims. This ruling stems from a district court case where the jury acquitted the defendant on lewdness with a minor but deadlocked on the related charge of the Nevada crime with sexual assault. Las Vegas Defense Group, which represents the defendant, persuaded the Nevada Supreme Court that the district court abused its discretion when deliberating whether the defendant was a victim of double jeopardy.
The Nevada crime of sexual assault (rape) occurs when someone has sexual penetration with someone else against his/her will or when he/she is too incapacitated to legally consent. The most common defenses to this crime are that the victim consented or that there's insufficient evidence to prove the rape charge. People suspected unwanted sexual touching that falls short of rape may instead be charged with the Nevada crime of open and gross lewdness.