(a) Consent is not a defense to a prosecution under §§ 22-3013 to 22-3016, prosecuted alone or in conjunction with charges under § 22-3018.
(b) That the defendant and victim were married or in a domestic partnership at the time of the offense is a defense, which the defendant must prove by a preponderance of the evidence, to a prosecution under §§ 22-3013 to 22-3016, prosecuted alone or in conjunction with charges under § 22-3018.
(May 23, 1995, D.C. Law 10-257, § 216, 42 DCR 53; Dec. 10, 2009, D.C. Law 18-88, § 404(b), 56 DCR 7413.)
1981 Ed., § 22-4117.
This section is referenced in § 22-4016.
D.C. Law 18-88, in subsec. (b), substituted “That the defendant and victim were married or in a domestic partnership” for “Marriage between the defendant and victim”.
For temporary (90 day) amendment of section, see § 404(b) 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 § 404(b) 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