48.069 - Previous sexual conduct of victim of sexual assault: Procedure for admission of evidence to prove victim’s consent. - Nevada Statutes

48.069  Previous sexual conduct of victim of sexual assault: Procedure for admission of evidence to prove victim’s consent.  In any prosecution for sexual assault or for attempt to commit or conspiracy to commit a sexual assault, if the accused desires to present evidence of any previous sexual conduct of the victim of the crime to prove the victim’s consent:

      1.  The accused must first submit to the court a written offer of proof, accompanied by a sworn statement of the specific facts that the accused expects to prove and pointing out the relevance of the facts to the issue of the victim’s consent.

      2.  If the court finds that the offer of proof is sufficient, the court shall order a hearing out of the presence of the jury, if any, and at the hearing allow the questioning of the victim regarding the offer of proof.

      3.  At the conclusion of the hearing, if the court determines that the offered evidence:

      (a) Is relevant to the issue of consent; and

      (b) Is not required to be excluded under NRS 48.035,

Ê the court shall make an order stating what evidence may be introduced by the accused and the nature of the questions which the accused is permitted to ask. The accused may then present evidence or question the victim pursuant to the order.

      (Added to NRS by 1975, 1131; A 1977, 1630; 1991, 125)