§ 22–3017. Defenses to sexual abuse of a ward, patient, or client.

(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.)

Prior Codifications

1981 Ed., § 22-4117.

Section References

This section is referenced in § 22-4016.

Effect of Amendments

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”.

Emergency Legislation

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).