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Subchapter I. General Provisions. Subchapter II. Sex Offenses. Subchapter II-A. Subchapter III. Lack of verbal or physical resistance or submission by the victim, resulting from the use of force, threats, or coercion by the defendant shall not constitute consent. A Detention following arrest for an offense; following surrender in lieu of arrest for an offense; following a charge or conviction of an offense, or an allegation or finding of juvenile delinquency; following commitment as a material witness; following or pending civil commitment proceedings, or pending extradition, deportation, or exclusion.
B Custody for purposes incident to any detention described in subparagraph A of this paragraph, including transportation, medical diagnosis or treatment, court appearance, work, and recreation; or. A The penetration, however slight, of the anus or vulva of another by a penis. B Contact between the mouth and the penis, the mouth and the vulva, or the mouth and the anus; or.
C The penetration, however slight, of the anus or vulva by a hand or finger or by any object, with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person. D The emission of semen is not required for the purposes of subparagraphs A - Submissive women of District of Columbia of this paragraph.
A A parent, sibling, aunt, uncle, or grandparent, whether related by blood, marriage, domestic partnership, or adoption. B A legal or de facto guardian or any person, more than 4 years older than the victim, who resides intermittently or permanently in the same dwelling as the victim. C The person or the spouse, domestic partner, or paramour of the person who is charged with any duty or responsibility for the health, welfare, or supervision of the victim at the time of the act; and.
D Any employee or volunteer of a school, church, synagogue, mosque, or other religious institution, or an educational, social, recreational, athletic, musical, charitable, or youth facility, organization, or program, including a teacher, coach, counselor, clergy, youth leader, chorus director, bus driver, administrator, or support staff, or any other person in a position of trust with or authority over or a minor.
May 23,D. Law added par. Law added pars. ActJuly 19,53 DCR ActOctober 18,53 DCR ActJanuary 16,54 DCR ActApril 19,54 DCR ActAugust 6,56 DCR ActOctober 21,56 DCR Law deated subsec. The amendment by D. ActAugust 11,47 DCR ActNovember 7,47 DCR ActFebruary 2,48 DCR ActMay 2,48 DCR Applicability of D. Law : Section of D. Law provided that the act shall apply only to offenses committed on or after June 11, A Incapable of appraising the nature of the conduct. B Incapable of declining participation in that sexual act; or.
C Incapable of communicating unwillingness to engage in that sexual act. B Incapable of declining participation in that sexual contact; or. C Incapable of communicating unwillingness to engage in that sexual contact. Law added the last two sentences. Law validated a ly made technical correction in subsec. ActJanuary 18,58 DCR ActApril 20,58 DCR For the purposes of this section, arranging to engage in a sexual act or sexual contact with an individual who is fictitious shall be unlawful only if the arrangement is done by or with a law enforcement officer.
Lawin subsec. Law rewrote the section. No actor is immune from Submissive women of District of Columbia under any section of this subchapter because of marriage, domestic partnership, or cohabitation with the victim; provided, that marriage or the domestic partnership of the parties may be asserted as an affirmative defense in prosecution under this subchapter where it is expressly so provided. No spousal immunity from prosecution. No actor is immune from prosecution under any section of this subchapter because of marriage or cohabitation with the victim; provided, however, that marriage of the parties may be asserted as an affirmative defense in a prosecution under this subchapter where it is expressly so provided.
Law added this section. For the purposes of this subchapter, a call toor a report to the Child and Family Services Agency, shall be deemed a report to the police. B A confession or communication made under any other circumstances does not fall under this exemption. A A victim under the age of 13. C A perpetrator or alleged perpetrator who is more than 4 years older than the sexual assault victim.
Section of D. Law provided that the amendments made to this section by Law shall apply as of January 1, Section 3 of D. Act provided that the amendments made to this section by Law shall apply as of January 1, Therefore those amendments shall be implemented for this section on January 1, Section 9 a of D. Law provided that the amendments made to this section by Law shall apply as of October 1, Therefore those amendments shall be implemented for this section on October 1, In all civil or criminal proceedings concerning the child or resulting from the report, good faith shall be pd unless rebutted.
If the court finds that the person is an individual who was required to report, who in good faith made a report, and who was discharged or discriminated against as a result, the court may issue an order granting appropriate relief, including reinstatement with back pay. The District may intervene in any action commenced under this subsection.
A Past sexual behavior with persons other than the accused, offered by the accused upon the issue of whether the accused was or was not, with respect to the alleged victim, the source of semen or bodily injury; or. B Past sexual behavior with the accused where consent of the alleged victim is at issue and is offered by the accused upon the issue of whether the alleged victim consented Submissive women of District of Columbia the sexual behavior with respect to which such offense is alleged. Any motion made under this paragraph, and the accompanying offer of proof, shall be filed under seal and served on all other parties and on the alleged victim.
If the court determines that the offer of proof contains evidence described in subsection a of this section, the court shall order a hearing in chambers to determine if such evidence is admissible.
At such hearing, the parties may call witnesses, including the alleged victim, and offer relevant evidence. If the relevancy of the evidence which the accused seeks to offer in the trial depends upon the fulfillment of a condition of fact, the court, at the hearing in chambers, or at a subsequent hearing in chambers scheduled for such purpose, shall accept evidence on the issue of whether such condition of fact is fulfilled and shall determine such issue.
Evidence of delay in reporting an offense under subchapter II of this chapter to a public authority shall not raise any presumption concerning the credibility or veracity of a charge under subchapter II of this chapter. Laws attaching a privilege against disclosure of communications between spouses or domestic partners are inapplicable in prosecutions under subchapter II of this chapter where the defendant is or was married to the victim, or is or was a domestic partner of the victim, or where the victim is.
Spousal privilege inapplicable. Chapter Sexual Abuse. Prior Codifications Ed. Effect of Amendments D. First degree sexual abuse. Editor's Notes Applicability of D. Second degree sexual abuse. Effect of Amendments The amendment by D. Third degree sexual abuse.
Fourth degree sexual abuse. Misdemeanor sexual abuse. Defense to sexual abuse. First degree child sexual abuse. Second degree child sexual abuse. First degree sexual abuse of a minor. Second degree sexual abuse of a minor. First degree sexual abuse of a secondary education student. Second degree sexual abuse of a secondary education student.
Enticing or minor. Misdemeanor sexual abuse of or minor. Arranging for a sexual contact with a real or fictitious. Defenses to child sexual abuse and sexual abuse of a minor. State of mind proof requirement. First degree sexual abuse of a ward, patient, client, or prisoner. Second degree sexual abuse of a ward, patient, client, or prisoner. First degree sexual abuse of a patient or client. Second degree sexual abuse of a patient or client.
Defenses to sexual abuse of a ward, patient, or client. Attempts to commit sexual offenses. No immunity from prosecution for spouses or domestic partners. Aggravating circumstances.What Submissives REALLY Want from their Dominant
Reporting requirements and privileges. Applicability Section of D. Defense to non-reporting. Immunity from liability. Prompt reporting. Privilege inapplicable for spouses or domestic partners.Submissive women of District of Columbia
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