NEW MEXICO (KRQE) – The New Mexico Supreme Court ruled statements made to a nurse about sexual assault by a now deceased victim can be used in court. The high court reversed a state Court of Appeals and a District Court decision.

Right now, Oliver Tsosie is awaiting trial on rape charges. However, the victim has since died. Prosecutors tried to sue the victim’s statements made to the nurse including a description of what happened the night of the assault. The state Supreme Court ruled they can now use some of those statements. They acknowledged that nurses already conduct swabs on rape victims that are used as evidence.

The case will be sent to the Second Judicial District Court for trial at a later date.