Available Assistance to Victims of Sexual Abuse

Available Assistance to Victims of Sexual Abuse

Being the victim of sexual abuse is emotionally and psychologically traumatizing. If that was not bad enough, sexual abuse and sexual assault survivors oftentimes suffer from higher rates of depression, alcoholism, and suicide.  Other long-term affects of sexual abuse include a predilection towards various coping mechanisms (e.g., self-harm, substance abuse, eating disorders). Other reactions to this type of abuse, according to Samuel Merritt University, include the following:

• continuing anxiety
• poor health
• sense of helplessness
• persistent fear
• depression
• mood swings
• sleep disturbances
• flashbacks
• dissociation
• panic attacks
• phobias
• relationship difficulties
• withdrawal/isolation
• paranoia
• localized pain

This is a big reason why the Nevada legislature enacted NRS 217.480 which makes counseling and other forms of assistance available to sexual assault victims.

Specifically, under NRS 217.480, the board of county commissioners of each county in Nevada is obligated to provide, by ordinance, counseling for victims of sexual abuse and any relatives living with the victims. However, a relative is not eligible to receive counseling if the relative committed the sexual abuse for which counseling is sought.

Counseling is not compulsory. It may be provided only when requested by the victim or eligible relative.

What is Considered “Sexual Abuse” Under Nevada Law?

For the purposes of NRS 217.480, the legal definition of “sexual abuse” has the meaning ascribed to it in NRS 432B.100. This section defines “sexual abuse” as, acts upon a child constituting:

1. Incest under NRS 201.180;
2. Lewdness with a child under NRS 201.230;
3. Sado-masochistic abuse under NRS 201.262;
4. Sexual assault under NRS 200.366;
5. Statutory sexual seduction under NRS 200.368;
6. Open or gross lewdness under NRS 201.210; and
7. Mutilation of the genitalia of a female child, aiding, abetting, encouraging or participating in the mutilation of the genitalia of a female child, or removal of a female child from this State for the purpose of mutilating the genitalia of the child under NRS 200.5083.

Overview of Sexual Assault Laws in Nevada

Pursuant to NRS 200.366, sexual assault is considered to be any kind of penetrative sex with a person who does not consent or is not capable of consenting (i.e. rape). Specifically, NRS 200.366 states that sexual assault occurs when a person subject another person to sexual penetration, or forces another person to make a sexual penetration on himself or herself or another, or on a beast (i.e. an animal), against the will of the victim or under conditions in which the perpetrator knows or should know that the victim is mentally or physically incapable of resisting or understanding the nature of his or her conduct.

Virtually all types of non-consensual sex involving penetration are prohibited under NRS 200.366, including:

• anal sex
• digital sex (“fingering”)
• inserting body parts or objects in a vagina or anus
• penetrative sexual acts with an animal
• vaginal intercourse
• fellatio
• cunnilingus
• anilingus

Non-consensual touching that is sexual in nature, but falls short of actual penetration is not considered to be rape in the specific, statutorily-defined framework. However, in these instances, you could potentially be charged with allegedly engaging in “open and gross lewdness” which is prohibited under NRS 201.210. There is also the criminal offense of “lewdness with a minor” which is prohibited under NRS 201.230, depending on the age of the victim.

Penalties Associated with Sexual Assault

Sexual assault is an extremely serious criminal offense in Nevada. According to NRS 200.366, sexual assault is prosecuted as a category A felony. This means if you or a family member is convicted of committing sexual assault, it may result in you having to serve a life sentence in Nevada State Prison. In addition, you would have to spend the remainder of your days on the sexual offender registration list in Nevada.

Possibility of Parole?

The possibility of parole depends on a series of factors related to your specific case. These factors include:

• the age of the victim;
• if the victim sustained substantial bodily harm in Nevada (NRS 0.060); and
• the defendant’s criminal history