NRS 178A.160 – When rights attach; rights retained.

1. The rights provided to a survivor pursuant to the Sexual Assault Survivors’ Bill of Rights attach whenever the survivor is subject to: (a) A forensic medical examination; or (b) An interview by a law enforcement official or prosecutor. 2. A survivor retains the rights provided by the Sexual Assault Survivors’ Bill of Rights at […]

NRS 178A.170 – Right to consult with sexual assault victims’ advocate; right to designate attendant to provide support; attendant may be excluded under certain circumstances.

1. A survivor has the right to consult with a sexual assault victims’ advocate during: (a) Any forensic medical examination; and (b) Any interview by a law enforcement official or prosecutor. 2. Except as otherwise provided in subsection 3, a survivor has the right to designate an attendant to provide support during: (a) Any forensic […]

NRS 178A.180 – Survivor retains rights to consult with sexual assault victims’ advocate and to designate attendant even if such rights were previously waived; waiver of rights not admissible.

1. A survivor retains the rights pursuant to NRS 178A.170 even if the survivor has waived such rights during a previous examination or interview. 2. Except with the consent of the survivor, the fact that the survivor waived the right to consult with a sexual assault victims’ advocate pursuant to NRS 178A.170 is not admissible […]

NRS 178A.190 – Exercise of rights relating to forensic medical examination; survivor not required to pay for forensic medical examination; right to use shower after forensic medical examination; prior notice of rights to be provided; acknowledgment.

1. If a survivor requests a consultation with a sexual assault victims’ advocate or an attendant to provide support to the survivor pursuant to NRS 178A.170, the medical provider shall summon the sexual assault victims’ advocate or attendant before the commencement of the forensic medical examination. 2. If a sexual assault victims’ advocate or an […]

NRS 178A.200 – Exercise of rights relating to interview; right to choose gender of interviewer; law enforcement official or prosecutor prohibited from discouraging forensic medical examination; prior notice of rights to be provided; acknowledgment.

1. If a survivor exercises his or her right to consult with a sexual assault victims’ advocate during an interview pursuant to NRS 178A.170, the law enforcement official or prosecutor conducting the interview, as applicable, shall summon the sexual assault victims’ advocate before the commencement of the interview, unless no sexual assault victims’ advocate can […]

NRS 178A.210 – Retention of right to counsel; exercise of right to counsel must not affect or alter treatment of survivor.

1. A survivor retains the right to have counsel present during any forensic medical examination, interview, investigation or other interaction with any representative of the legal or criminal justice system within this State pursuant to NRS 178A.160 to 178A.200, inclusive. 2. The treatment of the survivor must not be affected or altered in any way […]

NRS 178A.220 – Right to prompt genetic marker analysis; transport of sexual assault forensic evidence kit; preservation, storage and retention of biological evidence; right to information regarding timeline of genetic marker analysis.

1. A survivor has the right to prompt genetic marker analysis of a sexual assault forensic evidence kit pursuant to NRS 200.3786. 2. A sexual assault forensic evidence kit must be transported to a forensic laboratory and analyzed pursuant to NRS 200.3786, unless the survivor requests in writing at any time before such analysis, for […]

NRS 178A.230 – Right to be informed of results of genetic marker analysis and DNA profile upon request.

Upon the request of a survivor, he or she has the right to be informed of: 1. The results of the genetic marker analysis of the sexual assault forensic evidence kit of the survivor; 2. Whether the analysis yielded a DNA profile; and 3. Whether the analysis yielded the DNA profile of the defendant or […]

NRS 178A.240 – Failure of law enforcement agency to comply with requirements relating to sexual assault forensic evidence kit does not alter authority of law enforcement agency or forensic laboratory to take actions relating to such evidence.

The failure of a law enforcement agency to take possession of a sexual assault forensic evidence kit pursuant to the Sexual Assault Survivors’ Bill of Rights, or the failure of the law enforcement agency to submit such evidence for genetic marker analysis within the timeline prescribed pursuant to the Bill of Rights, does not alter: […]

NRS 178A.250 – Failure of entity to comply with Sexual Assault Survivors’ Bill of Rights does not give standing to defendant or accused person to challenge conviction or sentence or constitute grounds for challenge.

1. A defendant or person accused or convicted of a crime against a survivor does not have standing to seek to have his or her conviction or sentence set aside for any failure by a law enforcement agency, forensic laboratory or other relevant entity to comply with the timing requirements of the Sexual Assault Survivors’ […]

NRS 178A.260 – Forensic evidence from sexual assault not to be used for certain purposes relating to survivor.

Forensic evidence from a sexual assault may not be used: 1. To prosecute a survivor for any: (a) Misdemeanor; or (b) Offense related to a controlled substance. 2. As a basis to search for further evidence of any unrelated misdemeanor or any offense related to a controlled substance that may have been committed by the […]

NRS 178A.270 – Office of the Attorney General to develop and make available document explaining rights; contents.

1. The Office of the Attorney General shall: (a) Develop a document that explains the rights of a survivor pursuant to the Sexual Assault Survivors’ Bill of Rights and other relevant law; and (b) Make the document available to medical providers, law enforcement officials and prosecutors. 2. The document must be in clear language that […]

NRS 178A.280 – Law enforcement agency to provide copies of reports to survivor; prosecutor to provide information to survivor; report by forensic laboratory; State to establish statewide program to track sexual assault forensic kits.

1. Except as otherwise provided in this subsection, a law enforcement agency shall, upon written request by the survivor, furnish within 1 month, free, complete and unaltered copies of all reports of the law enforcement agency concerning the sexual assault, regardless of whether the report has been closed by the law enforcement agency. A law […]

NRS 178A.290 – Additional rights of survivor.

1. In addition to any other right provided by law, a survivor has the right: (a) In any civil or criminal case related to a sexual assault, to be reasonably protected from the defendant and persons acting on behalf of the defendant. (b) To be free from intimidation, harassment and abuse. (c) To be treated […]