Consent by the victim is a defense to a prosecution under §§ 22-3002 to 22-3006, prosecuted alone or in conjunction with charges under § 22-3018 or §§ 22-401 and 22-403.
(May 23, 1995, D.C. Law 10-257, § 206, 42 DCR 53; Dec. 10, 2009, D.C. Law 18-88, § 213, 56 DCR 7413.)
1981 Ed., § 22-4107.
D.C. Law 18-88 deleted “defense, which the defendant must establish by a preponderance of the evidence,” following “defense”.
For temporary (90 day) amendment of section, see § 213 of Omnibus Public Safety and Justice Emergency Amendment Act of 2009 (D.C. Act 18-181, August 6, 2009, 56 DCR 6903).
For temporary (90 day) amendment of section, see § 213 of Omnibus Public Safety and Justice Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-227, October 21, 2009, 56 DCR 8668).
Structure District of Columbia Code
Title 22 - Criminal Offenses and Penalties
§ 22–3002. First degree sexual abuse
§ 22–3003. Second degree sexual abuse
§ 22–3004. Third degree sexual abuse
§ 22–3005. Fourth degree sexual abuse
§ 22–3006. Misdemeanor sexual abuse
§ 22–3007. Defense to sexual abuse
§ 22–3008. First degree child sexual abuse
§ 22–3009. Second degree child sexual abuse
§ 22–3009.01. First degree sexual abuse of a minor
§ 22–3009.02. Second degree sexual abuse of a minor
§ 22–3009.03. First degree sexual abuse of a secondary education student
§ 22–3009.04. Second degree sexual abuse of a secondary education student
§ 22–3010. Enticing a child or minor
§ 22–3010.01. Misdemeanor sexual abuse of a child or minor
§ 22–3010.02. Arranging for a sexual contact with a real or fictitious child
§ 22–3011. Defenses to child sexual abuse and sexual abuse of a minor
§ 22–3012. State of mind proof requirement
§ 22–3013. First degree sexual abuse of a ward, patient, client, or prisoner
§ 22–3014. Second degree sexual abuse of a ward, patient, client, or prisoner
§ 22–3015. First degree sexual abuse of a patient or client
§ 22–3016. Second degree sexual abuse of a patient or client
§ 22–3017. Defenses to sexual abuse of a ward, patient, or client
§ 22–3018. Attempts to commit sexual offenses
§ 22–3019. No immunity from prosecution for spouses or domestic partners