North Dakota § 12.1-34-02.1 Sexual violence survivor rights

North Dakota Statutes

§ 12.1-34-02.1 — Sexual violence survivor rights

North Dakota § 12.1-34-02.1

Title 12.1Criminal Code

Ch. 12.1-34Fair Treatment of Victims and Witnesses

This text of North Dakota § 12.1-34-02.1 (Sexual violence survivor rights) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 12.1-34-02.1 (2026).

Text

1.As used in this section:

a."Sexual assault victim advocate" means a victim advocate of a domestic violence sexual assault organization as defined under section 14-07.1-01, or a victim advocate from a children's advocacy center as defined in section 50-25.1-02.

b."Sexual violence survivor" means an individual who is a victim of a crime defined under section 12.1-20-03, 12.1-20-03.1, 12.1-20-04, 12.1-20-05, 12.1-20-05.1, 12.1-20-06, 12.1-20-06.1, 12.1-20-07, 12.1-20-11, or 12.1-20-12.3.

2.In addition to the rights provided under section 12.1-34-02, a sexual violence survivor must be afforded the following rights.

a.The right to consult with a sexual assault victim advocate during any forensic medical examination, unless the advocate is not available in a timely manner. A survivor's: (

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1. As used in this section:
a. "Sexual assault victim advocate" means a victim advocate of a domestic violence
sexual assault organization as defined under section 14-07.1-01, or a victim
advocate from a children's advocacy center as defined in section 50-25.1-02.
b. "Sexual violence survivor" means an individual who is a victim of a crime defined
under section 12.1-20-03, 12.1-20-03.1, 12.1-20-04, 12.1-20-05, 12.1-20-05.1,
12.1-20-06, 12.1-20-06.1, 12.1-20-07, 12.1-20-11, or 12.1-20-12.3.
2. In addition to the rights provided under section 12.1-34-02, a sexual violence survivor
must be afforded the following rights.
a. The right to consult with a sexual assault victim advocate during any forensic
medical examination, unless the advocate is not available in a timely manner. A
survivor's:
(1) Communication with a sexual assault victim advocate is privileged, unless
waived by the survivor; and
(2) Waiver of the right to a sexual assault victim advocate is privileged.
b. The right to the presence of privately retained counsel when speaking with law
enforcement regarding the alleged assault, unless law enforcement is conducting
a forensic interview with an alleged child victim.
c. Except as provided by law, the right to access the law enforcement report
prepared for the survivor's case at no cost.
d. The right to a document prepared by the attorney general explaining the rights of
sexual violence survivors under this section and other relevant law, which must
be provided by a medical provider or law enforcement officer upon initial contact
with the survivor.