Survivor’s Rights
In 2019, the Nevada legislature passed AB176 which established a survivor's Bill of Rights. These rights are primarily about the reporting process and interacting with law enforcement. These kinds of legal protections are a huge step forward in addressing the ways in which our criminal justice system often hurts survivors who pursue justice.
But survivors' rights extend beyond the ones laid out by the law. As we approach another Sexual Assault Awareness Month, there are many ways we can support victims, including being aware of and respecting all of their rights.
Assembly Bill 176 established the following rights for survivors of sexual assault here in Nevada:
The right to a forensic medical exam, at no cost, which will be assembled into a Sexual Assault Kit or SAK.
The right to have a friend, family member, or advocate present during your exam.
The right to a shower, if available, following your exam, at no cost.
If you report to police, you have the right to have your SAK tested within 120 days.
If you do not report to police, you have the right to have your SAK stored without a time limit in case you choose to report in the future.
The right to know where your SAK is at all times.
The right to know the results of any tests conducted on your SAK.
The right to file a report with police.
The right to request to be interviewed by someone of the gender of your choice, if someone of that gender is available at the time you make your report.
The right to have a friend, family member, advocate, or attorney present during your interview with police.
The right to view police documents related to your case.
The right to be informed of what is happening with your case, and whether someone is convicted of a crime.
These rights go a long way towards ensuring that survivors have access to the services, support, and information they need, and returns some power back into their hands. Within the institution of our criminal justice system, having these rights codified in law is essential.
At the same time, at the community level, there are many additional ways that we can support, respect, and empower victims, with or without legislation.
We are always humbled by the courage of survivors who come forward to share their stories in public in some way. We know that when they take on this difficult task, they are helping other survivors by creating space for them to come forward and share their truth too. We can honor that act of courage by observing survivors' right to control the circumstances under which they share.
The right to support before, during, and after sharing publicly. Any organization which works with survivors who shares their story publicly in some way has a responsibility to ensure that those survivors are being supported around each sharing occasion. This could include providing a quiet space for the speaker away from event attendees, or having an advocate available. Most importantly, it includes asking the survivor what they need.
The right to control the use of their name, image, and story. Often, survivors will allow an organization to share their name, image, and story on social media, at events, or in educational materials. This helps those organizations, like the RCC, to put a face on the issue of sexual violence for our community and our supporters. It is essential for survivors to have absolute control over how that sharing happens.
We must let the survivor dictate how their story is framed, the context in which it is shared, whether and how they are identified, and what type of situations they are willing to participate in to share their story. We also need to recognize that a survivor may eventually choose to "retire" from the public eye, and be prepared to phase out related materials in a timely manner.
The right to be independent from their story. Every survivor is more than what happened to them. One of the barriers to reporting is the fear that people will only ever view the person as a victim. Survivors have the right to be treated like the rest of us, which includes having space to engage in anti-violence work without always having to be in the role of sharing their personal story.











