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DOUGLAS v. STATE

No. 59084.

327 P.3d 492 (2014)

Delbert Roy DOUGLAS, Appellant, v. The STATE of Nevada, Respondent.

Supreme Court of Nevada.

May 1, 2014.

Attorney(s) appearing for the Case

Philip J. Kohn , Public Defender, and P. David Westbrook , Deputy Public Defender, Clark County, for Appellant.

Catherine Cortez Masto , Attorney General, Carson City; Stephen B. Wolfson , District Attorney, Jonathan E. VanBoskerck , Chief Deputy District Attorney, and Ryan J. MacDonald , Deputy District Attorney, Clark County, for Respondent.

BEFORE THE COURT EN BANC.

OPINION

By the Court, PICKERING, J.:

Delbert Roy Douglas fathered two children with his daughter, whom he forced to have sex with him when she was 12 and, again, after she turned 18. He was charged with and convicted of sexual assault and incest for both rapes. On appeal, Douglas challenges his incest convictions. He argues that incest requires mutual consent while sexual assault is, by definition, nonconsensual, making the two crimes mutually exclusive...

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