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Legal Information: Nebraska

Restraining Orders

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October 30, 2020

What is the legal definition of a sexual assault offense?

A “sexual assault offense” includes (click on the term to read the actual statute or continue reading to see a “plain language” explanation of the crime):

  • sexual assault;
  • sexual contact or sexual penetration without consent; and
  • sexual assault of a child.1

Sexual assault means that the abuser sexually “penetrates” you or exposes you to “sexual contact” (defined below):

  • without your consent;
  • while you were physically or mentally unable to resist or understand what was happening (and the abuser knew or should have known your condition); or
  • while the abuser is 19 years old or older and you are between the ages of 12 and 16.2

Sexual contact occurs when an abuser intentionally does any of the following with the purpose of causing sexual arousal:

  • touches your sexual or intimate body parts or the clothing covering your sexual or intimate body parts;
  • causes you to touch his/her sexual or intimate body parts or the clothing covering his/her sexual or intimate body parts; or
  • touches a child with his/her sexual or intimate body parts on any part of the child’s body.3

Sexual penetration means sexual intercourse, including oral sex, anal intercourse, or any invasion (even a small one) to any part of your body or the abuser’s body. Sexual penetration also includes any object that the abuser uses to penetrate your genital or anal openings in a way that cannot be reasonably considered as being for medical or health purposes. Sexual penetration does not have to include the discharge of semen.4

1 NE R.S. § 28-311.11(14)
2 NE R.S. §§ 28-319(1); 28-320(1)
3 NE R.S. § 28-318(5)
4 NE R.S. § 28-318(6)