A NV Defense Attorney descibes Laws on Sex Crimes Investigations in Nevada NRS 171.1228
The investigation of criminal activity is subject to strict regulations designed to protect both the rights of victims as well as the rights of suspects who are being accused of breaking the law. The regulations related to investigations, as well as to detaining and arresting subjects, are found within the Nevada code of criminal procedure. One of these regulations specifically addresses situations in which reports are made to law enforcement of alleged sexual offenses.
If you are accused of a sexual offense, the stakes are very high. Sex crimes can result in harsh punishment if convicted, including in a lengthy jail sentence and the possibility of being required to register as a sex offender. Victims are afforded very strong protection in sexual offense cases, and defendants need to be sure they are doing everything they can to try to fight these serious charges. At LV Criminal Defense, we have a Las Vegas sex crimes defense team that is uniquely qualified to provide dedicated, aggressive, skillful legal representation to those accused of sexual offenses. Give us a call as soon as you come under investigation to learn more.
Investigation of Alleged Sexual Offenses
The state of Nevada addresses the investigation of alleged sexual offenses in Nevada Revised Statute 171.1228. The relevant law forbids law enforcement officers, prosecutors, and other employees from government entities to ask, invite, or require a victim to take a polygraph or lie detector test.
The law indicates this prohibition on requiring polygraphs or other lie detection tests for victims applies to all crimes defined as sexual assault offenses in N.R.S 179D.097. These offenses include:
- Sexual assault or statutory sexual assault
- Battery with the intent to commit sexual assault.
- Administering drugs or controlled substances to someone for purposes of committing a sex crime.
- Offenses related to minors and pornography.
- Sexual abuse of minor children.
- Certain lewdness or obscene exposure offenses.
- Luring children or people with mental illness for purposes of sex crimes.
- Sex trafficking
- Other sexually motivated crimes
If you are accused of any of these criminal offenses, the law specifically provides that police are not permitted to use any test of honesty to determine if those who are claiming you broke the law are actually telling the truth.
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The Implications of NRS 171.1228 on Nevada Sex Crimes Cases
Laws such as NRS 171.1228 reflect the significant protections provided in the legal system to victims of alleged sexual assault. Victims’ advocates have been aggressive in making popular the idea that everyone who claims to have been raped or sexually assaulted must be believed in all situations.
This philosophy differs from other types of crimes that may occur, and, in some cases, has resulted in situations where those accused of sex crimes are not always afforded the same due process protections as people accused of other criminal acts. On college university campuses, for example, schools are routinely reducing the standard of proof necessary to take disciplinary action in sex assault cases.
While protection for victims is important within the criminal justice system, it is essential for defendants accused of sex crimes to make sure their own rights are not being trampled in service of the goal of making it easier for rape victims to come forward. An experienced Las Vegas criminal defense lawyer will help to make sure that whatever type of criminal, civil, or disciplinary action you face, you have a chance to raise a vigorous defense.
How a Las Vegas Criminal Attorney Helps in Sex Crimes Cases
At LV Criminal Defense, we provide aggressive and knowledgeable legal representation in all types of sex crimes cases. We are ready to get started today in undermining evidence, making counterarguments to allegations, negotiating plea deals, and otherwise helping you to fight for your reputation and freedom. Call today to learn more.
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