How does the law protect children who are victims of sexual abuse? Nevada law implements laws that mandate reports of child sexual abuse, allow families or victims to file charges and recover damages, and place restrictions on what evidence may be used in a case so that children who are victims are protected.
Before acting, consult a Las Vegas personal injury lawyer who can provide tailored counsel.
Nevada Mandates Reports of Suspected or Known Child Sexual Abuse
Nevada law dictates that any person who has a reasonable suspicion or knowledge of a child being sexually abused must report it to law enforcement and/or other applicable agencies. This requirement is designed to make sure that victims of child sexual abuse are removed from a dangerous situation and are protected from further harm. Police and agencies generally respond quickly to ensure child safety.
While anyone can and should report child abuse, certain individuals are specifically mandated by law to make such reports. These individuals generally include education personnel, healthcare providers, camp counselors, clergy, law enforcement, social workers, and other parties who are in a position to provide care and to protect children. These parties have a legal obligation to report.
Reasonable reports of child sexual abuse should be made within 24 hours of becoming aware of, witnessing, or suspecting child abuse. Reports should provide as much detail as possible about what an individual witnessed, discovered, or learned regarding the child’s situation or safety. Any available evidence or identifying information about the perpetrator should also be included in the report.
Criminal and Civil Charges May Be Filed Against the Perpetrator
In addition to mandatory reporting requirements (NRS 432B.220), parents of child sexual abuse victims can file charges against the perpetrator. Victims could also file charges of their own when they come of age instead. The law allows for both criminal and civil charges to be filed for sex abuse offenses. Criminal charges focus on the abuser’s conviction and sentencing, and civil charges focus on monetary relief.
When criminal charges are filed, prosecutors build a case against the perpetrator, also known as the defendant. They use evidence to demonstrate the defendant’s actions and how the defendant violated the law. The purpose of these cases is to convict the defendant of their offense so they are penalized for their crime. Sentences may include prison time, fines, and registration on the sex offender list in Nevada.
When civil charges are filed, parents or victims (if they’re at least 18 years of age) can present evidence of the injuries and suffering that were endured in order to hold the defendant liable for harm. In a successful case, the defendant pays the victim for the expenses and other losses they sustained as a result of sexual abuse. This compensation can then be used to get the resources the victim needs.
Nevada Law Provides Additional Resources to Victims of Child Sexual Abuse and Their Families
Because of the sensitive nature of child sexual abuse, specialized investigative measures are often taken by law enforcement. Nevada’s Major Crime Investigations division may handle these cases and allocate additional resources to protect child victims and hold perpetrators accountable. With the additional support of a lawyer, your family can have tailored support when communicating with law enforcement.
Additionally, there are also several Children’s Advocacy Centers of Nevada throughout the state. These facilities offer multidisciplinary resources to help children process and recover from the trauma they’ve experienced and begin the journey toward healing. These facilities can also aid in investigative measures in a way that supports the sensitive and unique needs of the child who has been sexually abused.
Among the state’s laws to protect children is Marsy’s Law for Nevada. This law provides victims of crimes and sexual abuse the right to privacy, dignity, courtesy, respect, and fairness. Victims also have the right to have their cases handled in a timely manner and to be present at proceedings. Victims and their families also have the right to be informed about developments in their case.
Nevada Law Allows Survivors of Child Sexual Abuse to Recover Compensation
Nevada law allows victims of child sexual abuse to pursue compensation to offset the tragic losses they’ve suffered because of another person. While various services are highly beneficial for recovering and healing from sexual abuse, their costs can add up. Damages received from a civil lawsuit can offset these expenses and provide peace of mind for your family and child. Recoverable losses may include:
- Cost of emergency and ongoing medical care and exams
- Costs associated with mental health services, such as therapy and counseling
- Wages or future earnings that may be lost due to injury or suffering
- Emotional distress, including anxiety and depression
- Symptoms of PTSD
- Pain and suffering
- Reduced quality of life and ability to enjoy favored activities
- Loss of companionship or consortium
- Punitive damages, as applicable in certain situations
The time it takes to recover compensation after a Nevada accident or abuse often depends on the complexity of the case. The extent of your child’s losses, the available evidence in the case, establishing the perpetrator’s role in the abuse, and more can affect the timeline and value of your case and potential settlement. Lawyers fiercely fight to ensure that your child receives maximum compensation.
Applicable Statutes of Limitations in Child Sexual Abuse Cases
A claim for compensation in a child sexual abuse case may be brought at any time, according to NRS 11.215.
Talk With H&P Law Today About How to Protect Your Child in Nevada
H&P Law helps you understand the laws protecting children from sexual abuse. These traumatic events can have profound effects on a child’s life and future, and ensuring they have the resources they need is essential.
Our team provides your family with exceptional service and attention so you can get justice from the perpetrator who harmed your child. Schedule a free consultation with our team to get started.
