Consent law in Nevada explained following taxi driver's assault - FOX5 Vegas - KVVU

Consent law in Nevada explained following taxi driver's assault charge

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Abdul Based (LVMPD) Abdul Based (LVMPD)
LAS VEGAS (FOX5) -

Taxi driver Abdul Based is accused of sexually assaulting his drunk passenger as she was in and out of consciousness. He said he thought she wanted him to touch her.

However, according to Nevada law, the victim was unable to give consent. In Nevada no one can legally give consent if they are under the age of 16, mentally or physically handicapped, under the influence, or unconscious.

“The rule of thumb is, if somebody’s intoxicated enough that they wouldn’t have been able to safely drive themselves home, they’re too intoxicated to give consent. That can be from alcohol, drugs, a combination, what have you. And the last situation is if somebody’s unconscious,” executive director of the Rape Crisis Center Daniele Dreitzer said.

According to the arrest report, the victim was both visibly very intoxicated and unconscious at points.

The report also said surveillance video showed the woman trying to move Based's hand away from her.

Anyone who needs help is asked to contact the Rape Crisis Center at 702-366-1640.

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