Nev. Rev. Stat. § 178A.200

Current through 82nd (2023) Legislative Session Chapter 535 and 34th (2023) Special Session Chapter 1 and 35th (2023) Special Session Chapter 1
Section 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 be summoned in a timely manner.
2. A survivor has the right to designate an attendant to provide support of his or her choosing during any interview by a law enforcement official or prosecutor pursuant to NRS 178A.170, unless the law enforcement official or prosecutor determines, in his or her good faith, that the presence of the attendant would be detrimental to the purpose of the interview.
3. A survivor has the right to be interviewed by a law enforcement official of the gender of the choosing of the survivor. If no law enforcement official of that gender is available in a reasonably timely manner, the survivor may be interviewed by an available law enforcement official of a different gender only upon the consent of the survivor.
4. A law enforcement official or prosecutor shall not discourage a survivor from receiving a forensic medical examination.
5. Before commencing an interview with a survivor, the law enforcement official or prosecutor conducting the interview shall inform the survivor of his or her rights pursuant to the Sexual Assault Survivors' Bill of Rights and other relevant law.
6. Any information conveyed by the law enforcement official or prosecutor pursuant to subsection 5 must be conveyed to the survivor by presenting a document developed by the Office of the Attorney General pursuant to NRS 178A.270.
7. The person who presents to the survivor the document developed by the Office of the Attorney General pursuant to NRS 178A.270 shall sign a written acknowledgment indicating that the person presented the document to the survivor. The written acknowledgment must be retained in the case file of the survivor.

NRS 178A.200

Added to NRS by 2019, 2842
Added by 2019, Ch. 478,§20, eff. 1/1/2020.