NRS 41.138
Action for unwelcome or nonconsensual sexual conduct

  • rebuttable presumption that sexual conduct was unwelcome or nonconsensual if alleged perpetrator was person in position of authority over alleged victim.

1.

In any civil action concerning any unwelcome or nonconsensual sexual conduct, including, without limitation, sexual harassment, there is a rebuttable presumption that the sexual conduct was unwelcome or nonconsensual if the alleged perpetrator was a person in a position of authority over the alleged victim.

2.

As used in this section:

(a)

“Person in a position of authority” means a parent, relative, household member, employer, supervisor, youth leader, scout leader, coach, mentor in a mentoring program, teacher, professor, counselor, school administrator, religious leader, doctor, nurse, psychologist, other health care provider, guardian ad litem, guardian, babysitter, police officer or other law enforcement officer or any other person who, by reason of his or her position, is able to exercise significant or undue influence over the victim.

(b)

“Sexual harassment” has the meaning ascribed to it in NRS 176A.280.

Source: Section 41.138 — Action for unwelcome or nonconsensual sexual conduct; rebuttable presumption that sexual conduct was unwelcome or nonconsensual if alleged perpetrator was person in position of authority over alleged victim., https://www.­leg.­state.­nv.­us/NRS/NRS-041.­html#NRS041Sec138.

41.130
Liability for personal injury.
41.131
Limitation on basis of liability of manufacturers and distributors of firearms and ammunition.
41.133
Conviction of crime is conclusive evidence of facts necessary to impose civil liability for related injury.
41.134
Action for damages for injuries resulting from acts of domestic violence
41.135
Limitation on liability of victims of certain crimes for injury or damage sustained by offender.
41.138
Action for unwelcome or nonconsensual sexual conduct
41.139
Actions by peace officers, firefighters and emergency medical attendants for injury resulting from willful acts or negligent management of property
41.1305
Liability of person who serves, sells or furnishes alcoholic beverages for damages caused as a result of consumption of alcoholic beverage: No liability if person served is 21 years of age or older
41.1315
Limitation on liability of property owner for injury or damage on sidewalk in public right-of-way.
41.1345
Action for damages for injuries resulting from unlawful use, possession, sale or transfer of personal identifying information
41.1391
Standard of care and duty of certain first responders not affected by training relating to developmental disabilities.
41.1393
Discharge of duty to warn trespasser against dangerous condition.
41.1395
Action for damages for injury or loss suffered by older or vulnerable person from abuse, neglect or exploitation
41.1396
Action for damages for injury suffered by victim of pornography involving minors
41.1397
Liability of owner or operator of house of prostitution for employment of prostitute tested positive for exposure to human immunodeficiency virus.
41.1398
Action for damages for unlawful disclosure of certain confidential information relating to victim of sexual assault.
41.1399
Action by victim of human trafficking
Last Updated

Jun. 24, 2021

§ 41.138’s source at nv​.us