Nebraska Statutes 29-4312. Interview or deposition; rights of victim
(1)(a) A victim has the right to have an advocate present during an interview by a peace officer, prosecutor, or defense attorney, unless no advocate can appear in a reasonably timely manner. In an interview involving a prosecutor, the prosecutor shall inform the victim of the victim’s rights under this subsection. The peace officer, prosecutor, or defense attorney shall contact the advocate before beginning the interview, unless declined by the victim.
Terms Used In Nebraska Statutes 29-4312
- Attorney: shall mean attorney at law. See Nebraska Statutes 49-801
- Defense attorney: Represent defendants in criminal matters.
- Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Peace officer: shall include sheriffs, coroners, jailers, marshals, police officers, state highway patrol officers, members of the National Guard on active service by direction of the Governor during periods of emergency, and all other persons with similar authority to make arrests. 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
(b) A victim has the right to have an advocate present during a deposition as provided in sections 29-1917 and 29-1926.
(c) An advocate present at an interview or deposition under this subsection shall not interfere in the interview or deposition or provide legal advice.
(d) Nothing in this subsection shall preclude law enforcement officers or prosecutors from contacting a victim directly to make limited inquiries regarding the sexual assault.
(2) A victim has the right to be interviewed by a peace officer of the gender of the victim’s choosing, if such request can be reasonably accommodated by a peace officer that is properly trained to conduct such interviews.
(3) A victim has the right to be interviewed by a peace officer that speaks the victim’s preferred language or to have a qualified interpreter available, if such request can be reasonably accommodated.
(4) A peace officer, prosecutor, or defense attorney shall not, for any reason, discourage a victim from receiving a medical evidentiary or physical examination.
(5) A victim has the right to counsel. This subsection does not create a new obligation by the state or a political subdivision to appoint or pay for counsel. Treatment of the victim shall not be affected or altered in any way as a result of the victim’s decision to exercise such right to counsel.
(6) A victim who is a child three to eighteen years of age has the right to a forensic interview at a child advocacy center by a professional with specialized training as provided in section 28-728. The right to have an advocate, representative, or attorney present shall not apply during such a forensic interview.