Nevada has laws that protect victims of sexual molestation. Unfortunately, sexual molestation cases often arise in the home, in schools and colleges, at churches and in other environments in which one should be safe from such conduct.

Nevada recognizes that many individuals are molested when they are very young. In recent years a great deal of research has been done on the issue of repressed memory. Children and young adults may not remember being molested until years after an event occurs. For this reason, Nevada statutes provide, at NRS 11.215, that young victims of sexual abuse have many years, under certain circumstances, to bring claims.

Here is the statute:

                                           NRS 11.215  
1. Except as otherwise provided in NRS 217.007, an action to recover damages for an injury to a person arising from the sexual abuse of the plaintiff which occurred when the plaintiff was less than 18 years of age must be commenced within 10 years after the plaintiff:
    (a) Reaches 18 years of age; or
    (b) Discovers or reasonably should have discovered that his injury was caused by the sexual abuse, whichever occurs later.

2.  As used in this section, "sexual abuse" has the meaning ascribed to it in NRS 432B.100.  

Harassment

Both Nevada and Federal law protect victims of sexual harassment. Harassment can take many forms. The following are common:

-Pressure for dates
-Displays of pornographic materials
-Inappropriate sexual jokes and comments
-Inappropriate physical contact

If You've Been Harassed

If you've been harassed, make an effort to convey your displeasure with the offensive activity by asking the perpetrator to simply stop. Often this will be enough to eliminate the problem. If not, prepare yourself for litigation by keeping notes of any instances which you find offensive (with date, time and notation of any witnesses), and make sure to keep records of your employment performance and history. Often, in the event of a lawsuit against an employer, the employer will argue that your job performance was the primary reason for any detrimental treatment. Make an effort to discuss your situation with other co-workers who may themselves be experiencing similar problems and may have witnessed your situation. Seek support from your friends and family outside of the office. If your employer has a procedure for dealing with sexual harassment, make certain that you exhaust all internal administrative avenues.

Forms Of Legal Relief

Harassment victims who remain silent often find that the harassment does not go away, but instead increases. There are generally four broad legal categories under which relief from sexual harassment may be obtained. The most popular route is the filing of a complaint with the Equal Employment Opportunity Commission (EEOC), a Federal agency.The EEOC provides a format for setting forth complaints and a forum in which complaints are reviewed. In the event a complaint has merit, the EEOC will ask a Federal judge to demand that your employer take action to stop the harassment until a more in-depth investigation can be completed. This more comprehensive investigation will determine if your claim of sexual harassment has the characteristics which may result in a violation of either the Federal Civil Rights Act of 1964 or some other civil or criminal law.

The Federal Civil Rights Act of 1964 bans discrimination on the basis of sex. When, then, does sexual harassment rise to the level of sexual discrimination that falls within the purview of this Federal law? Courts often use a four-pronged test to determine whether harassment is rises to the level of discrimination:

-The victim suffered unwelcome conduct, and,
-The conduct was due to the victim's gender, and,
-The conduct affected the victim's employment, and,
-The employer is responsible for the conduct or failure to stop the conduct.

There are typically two types of situations which may result in a finding of sexual discrimination due to sexual harassment. The first is commonly known as "Quid-Pro-Quo," or "Tit-For-Tat," or "Put Out or Get Out." This occurs, for instance, when a supervisor, either explicitly or implicitly, makes employment decisions on the basis of an employee's submission or refusal to submit to inappropriate sexual conduct by the supervisor. An obvious case of quid pro quo discrimination occurs, for instance, when an employee is fired for refusing to perform sexual favors for the benefit of the supervisor.

Another example of sexual harassment which rises to the level of sexual discrimination is the creation and perpetuation of a hostile work environment. A hostile work environment is essentially one where unwelcome conduct creates physiological and/or emotional harm to the victim, thereby impairing the victim's ability to perform her employment duties. While a quid pro quo scenario necessarily requires the perpetrator to be in a supervisory position, the perpetrator who creates a hostile environment may be a fellow employee with no supervisory responsibilities, a subordinate employee, or even a non-employee. In essence, anyone can create a sexually hostile work environment, and if it adversely affects the victim's ability to perform, then there may be a violation for which the employer may be responsible.

Another type of sexual discrimination involves "Indirect Victims." Indirect victims may also be eligible for relief under the Federal Civil Rights Act of 1964. An indirect victim is one who, while not the target of a supervisor's sexual harassment, nonetheless suffers from the supervisor's offensive behavior. For instance, if a boss sleeps with one employee, who gets a promotion while another employee does not, the employee deprived of the promotion may be an indirect victim.

Criminal Conduct

In addition to civil suits, behavior which is sexually discriminatory may also be criminal behavior. Rape, sodomy, obscene calls, lewd & lascivious conduct, false imprisonment, as well as many other sexually harassing activities can constitute crimes. In Nevada, a criminal conviction can constitute proof of a civil wrong for the purpose of proving claims in a civil proceeding.

Here is what the statute says:

                                             NRS 41.133  
If an offender has been convicted of the crime which resulted in the injury to the victim, the judgment of conviction is conclusive evidence of all facts necessary to impose civil liability for the injury.