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Current as of January 01, 2024 | Updated by Findlaw Staff
1. As used in this section:
a. “Sexual assault victim advocate” means a victim advocate of a domestic violence sexual assault organization as defined under section 14-07.1-01, or a victim advocate from a children's advocacy center as defined in section 50-25.1-02.
b. “Sexual violence survivor” means an individual who is a victim of a crime defined under section 12.1-20-03, 12.1-20-03.1, 12.1-20-04, 12.1-20-05, 12.1-20-05.1, 12.1-20-06, 12.1-20-06.1, 12.1-20-07, 12.1-20-11, or 12.1-20-12.3.
2. In addition to the rights provided under section 12.1-34-02, a sexual violence survivor must be afforded the following rights.
a. The right to consult with a sexual assault victim advocate during any forensic medical examination, unless the advocate is not available in a timely manner. A survivor's:
(1) Communication with a sexual assault victim advocate is privileged, unless waived by the survivor; and
(2) Waiver of the right to a sexual assault victim advocate is privileged.
b. The right to the presence of privately retained counsel when speaking with law enforcement regarding the alleged assault, unless law enforcement is conducting a forensic interview with an alleged child victim.
c. Except as provided by law, the right to access the law enforcement report prepared for the survivor's case at no cost.
d. The right to a document prepared by the attorney general explaining the rights of sexual violence survivors under this section and other relevant law, which must be provided by a medical provider or law enforcement officer upon initial contact with the survivor.
Cite this article: FindLaw.com - North Dakota Century Code Title 12.1. Criminal Code § 12.1-34-02.1. Sexual violence survivor rights - last updated January 01, 2024 | https://codes.findlaw.com/nd/title-12-1-criminal-code/nd-cent-code-sect-12-1-34-02-1/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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