Nev. Rev. Stat. § 48.069

Previous sexual conduct of victim of sexual assault: Procedure for admission of evidence to prove victim’s consent

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NRS 48.069 Previous sexual conduct of victim of sexual assault: Procedure for admission of evidence to prove victim’s consent. In any prosecution for sexual assault or for attempt to commit or conspiracy to commit a sexual assault, if the accused desires to present evidence of any previous sexual conduct of the victim of the crime to prove the victim’s consent:

1. The accused must first submit to the court a written offer of proof, accompanied by a sworn statement of the specific facts that the accused expects to prove and pointing out the relevance of the facts to the issue of the victim’s consent.

2. If the court finds that the offer of proof is sufficient, the court shall order a hearing out of the presence of the jury, if any, and at the hearing allow the questioning of the victim regarding the offer of proof.

3. At the conclusion of the hearing, if the court determines that the offered evidence:

(a) Is relevant to the issue of consent; and

(b) Is not required to be excluded under NRS 48.035,

Ê the court shall make an order stating what evidence may be introduced by the accused and the nature of the questions which the accused is permitted to ask. The accused may then present evidence or question the victim pursuant to the order.

(Added to NRS by 1975, 1131; A 1977, 1630; 1991, 125)

Notes of Decisions

Cited in 14 cases (2 in the last 5 years), 1979–2026 · leading case: Lane v. Second Judicial District Court, Washoe County

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Lane v. Second Judicial District Court, Washoe County (1988) nev · cites it 7× “” The district judge further notes in this order that the transcript reveals violations of Nevada’s rape shield law, see NRS 48.069 and 50.090, during the grand jury proceeding.”

Collins v. State (2009) oklacrimapp · cites it 2× “See Nev. Rev.Stat. Ann. §§ 48.069 (West 2009) (accused may present "evidence of any previous sexual conduct of the victim of the crime to prove the victim's consent," in compliance with statutory procedures); Wash.”

Johnson v. State (1997) nev · cites it 2× “090, because it was not offered to challenge the victim's credibility.”

State v. Sanchez-Lahora (2001) neb “Compare, Nev. Rev. Stat. § 48.069 (1) (2000) (requiring accused to submit to court written offer of proof and sworn statement of specific facts that he expects to prove); Minn.”

Drake v. State (1992) nev · cites it 4× “NRS 48.069. 1 Nevertheless, the state argues that appellant’s alibi defense made the issue of consent irrelevant.”

Cox v. State (1986) nev · cites it 4× “The court ruled that this evidence was inadmissible, concluding that Cox’s failure to make a pretrial motion under NRS 48.069 barred the introduction of the evidence.”

Sterling v. State (1992) nev “Evidence of a person’s character or a trait of his character is not admissible for the purpose of proving that he acted in conformity therewith on a particular occasion, except: (b) Evidence of the character or a trait of character of the victim of the crime offered by an…”

Lane v. SECOND JUD. DIST., WASHOE COUNTY (1988) nev · cites it 7× “" The district judge further notes in this order that the transcript reveals violations of Nevada's rape shield law, see NRS 48.069 and 50.090, during the grand jury proceeding.”

Aberha (Ashenafi) v. State (2018) nev · cites it 4× “" However, NRS 48.069 creates a narrow exception to this statute and outlines the procedure a defendant must utilize if he or she wishes to present evidence of the victim's prior sexual conduct to prove consent.”

Aberha v. Williams (2023) nvd · cites it 4× “” However, NRS 48.069 creates 8 a narrow exception to this statute and outlines the procedure a defendant must utilize if he or she wishes to present evidence of the victim’s prior sexual conduct 9 to prove consent.”

CHABOT (WACEY) v. STATE (CRIMINAL) (2026) nev “045(1)(b) (providing further that the procedural requirements of NRS 48.069 may apply). That "exception permits a defendant to present evidence of a victim's character when it tends to prove that the victim was the likely aggressor.”

Nordine v. State (1979) nev · cites it 3× “NRS 48.069 specifies the method to be utilized by an accused who desires to present evidence of previous sexual conduct of the victim to prove her consent to the sex act for which he is on trial, and grants to the trial court a discretion as to whether such evidence should be…”

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