Nebraska Statutes 29-4309. Terms, defined
For the purposes of the Sexual Assault Victims’ Bill of Rights Act:
Terms Used In Nebraska Statutes 29-4309
- Domestic: when applied to corporations shall mean all those created by authority of this state. See Nebraska Statutes 49-801
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Person: shall include bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations. See Nebraska Statutes 49-801
- State: when applied to different states of the United States shall be construed to extend to and include the District of Columbia and the several territories organized by Congress. See Nebraska Statutes 49-801
(1)(a) Advocate means:
(i) Any employee or supervised volunteer of a domestic violence and sexual assault victim assistance program or of any other agency, business, or organization that is not affiliated with a law enforcement or prosecutor’s office, whose primary purpose is assisting domestic violence and sexual assault victims. This includes employees or supervised volunteers of an Indian tribe or a postsecondary educational institution;
(ii) A representative from a victim and witness assistance center as established in sections 81-1845 to 81-1847 or a similar entity affiliated with a law enforcement agency or prosecutor’s office; or
(iii) An advocate who is employed by a child advocacy center that meets the requirements of subsection (2) of section 28-728.
(b) If reasonably possible, an advocate shall speak the victim’s preferred language or use the services of a qualified interpreter;
(2) Health care provider means any individual who is licensed, certified, or registered to perform specified health services consistent with state law;
(3) Sexual assault means a violation of section 28-319, 28-319.01, 28-320, 28-320.01, 28-320.02, 28-322.01, 28-322.02, 28-322.03, 28-322.04, 28-322.05, 28-703, or 28-1463.03, sex trafficking or sex trafficking of a minor under section 28-831, or subdivision (1)(c) or (g) of section 28-386 or subdivision (1)(d), (e), or (f) of section 28-707 ;
(4) Sexual assault forensic evidence means evidence collected by a health care provider contained within any sexual assault forensic evidence collection kit, including a toxicology kit, or any forensic evidence collected by law enforcement through the course of an investigation; and
(5)(a) Sexual assault victim or victim means any person who is a victim of sexual assault who reports such sexual assault:
(i) To a health care provider, law enforcement, or an advocate, including anonymous reporting as provided in section 28-902 ; and
(ii) In the case of a victim who is under eighteen years of age, to the Department of Health and Human Services.
(b) Sexual assault victim or victim also includes, if the victim described in subdivision (5)(a) of this section is incompetent, deceased, or a minor who is unable to consent to counseling services, such victim’s parent, guardian, or spouse, unless such person is the reported assailant.