Consent Laws
District of Columbia

“Consent” means words or overt actions indicating a freely given agreement to the sexual act or contact in question. 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. D.C. Code § 22-3001(4).

“Force” means the use or threatened use of a weapon; the use of such physical strength or violence as is sufficient to overcome, restrain, or injure a person; or the use of a threat of harm sufficient to coerce or compel submission by the victim. D.C. Code § 22-3001(5).

Yes. Consent to the sexual act or contact in question must be freely given agreement. D.C. Code § 22-3001(4).

16 years old. D.C. Code § 22-3001(3).

Yes.

• Sexual Abuse of a Child
• A child, defined as a person under the age of 16, cannot consent to sexual acts or sexual contact with a person who is 4 or more years older. D.C. Code §§ 22-3001(3), 22-3008, 22-3009; In re M.S., 171 A.3d 155 (D.C. 2017).
• Sexual Abuse of a Minor
• A minor, defined as a person under the age of 18, in a “significant relationship” with a person who is over 18, cannot consent to sexual acts or sexual contact with such person. D.C. Code §§ 22-3001(5A), 22-3009.01, 22-3009.02.

“Significant relationship” includes:

• A parent, sibling, aunt, uncle, or grandparent, whether related by blood, marriage, domestic partnership, or adoption;
• 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;
• 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
• Any employee, contractor, consultant, or volunteer of a school, 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 a child or a minor. D.C. Code § 22-3001(10).

No.

Yes. A person is unable to consent to engaging in a sexual act or sexual contact if such person is (A) incapable of appraising the nature of the conduct, (B) incapable of declining participation in that sexual act or sexual contact; or (C) incapable of communicating unwillingness to engage in that sexual act or sexual contact.

D.C. Code §§ 22-3003(2)(A)-(C), 22-3005(2)(A)-(C).

Yes. A person is unable to consent to engaging in a sexual act or sexual contact if such person is:

• Incapable of declining participation in that sexual act or sexual contact; or
• Incapable of communicating unwillingness to engage in that sexual act or sexual contact.

D.C. Code §§ 22-3003(2)(B)-(C), 22-3005(2)(B)-(C).

Yes. A person is unable to consent to engaging in a sexual act or sexual contact if such person is:

• Incapable of appraising the nature of the conduct;
• Incapable of declining participation in that sexual act or sexual contact; or
• Incapable of communicating unwillingness to engage in that sexual act or sexual contact.

D.C. Code §§ 22-3003(2)(A)-(C), 22-3005(2)(A)-(C).

Yes. A victim’s ability to consent is impacted by his/her intoxication due to a drug, intoxicant, or other similar substance that substantially impairs the ability of the victim to appraise or control his or her conduct, administered by the accused to the victim by force or threat of force, or without the knowledge or permission of the victim. D.C. Code § 22-3002, 22-3004(4).

Yes.

Sexual Abuse of a Minor:

• A minor, defined as a person under the age of 18, in a “significant relationship” with a person who is over 18 cannot consent to sexual acts or sexual contact with such person. D.C. Code §§ 22-3009.01, 22-3009.02.

“Significant relationship” includes:

• A parent, sibling, aunt, uncle, or grandparent, whether related by blood, marriage, domestic partnership, or adoption;
• 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;
• 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
• Any employee, contractor, consultant or volunteer of a school, 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 a child or a minor. D.C. Code § 22-3001(10).

Sexual Abuse of a Secondary Education Student:

• A student under the age of 20 years enrolled in a secondary level school cannot consent to sexual acts or sexual conduct with any teacher, counselor, principal, coach, or other person of authority in that school or school system. D.C. Code §§ 22–3009.03, 22-3009.04.

Sexual Abuse of a Ward, Patient, Client, Arrestee, Detainee or Prisoner:

• A ward, patient, client, arrestee, detainee or prisoner, as applicable, cannot consent to sexual acts or sexual contact with any staff member, employee, contract employee, consultant, or volunteer of a law enforcement agency or at a hospital, treatment facility, law enforcement facility, detention or correctional facility, group home, or other institution; anyone who is an ambulance driver or attendant, a bus driver or attendant, or person who participates in the transportation of a ward, patient, client, arrestee, detainee or prisoner to and from such institutions; or any official custodian of a ward, patient, client, arrestee, detainee or prisoner. D.C. Code §§ 22–3013, 22-3014.

Sexual Abuse of a Patient or Client:

• A patient or client cannot consent to sexual acts or sexual contact with any person who purports to provide, in any manner, professional services of a medical, therapeutic, or counseling (whether legal, spiritual, or otherwise) nature, or is otherwise in a professional relationship of trust with the patient/client if:
• (1) The actor represents falsely that the sexual act or sexual contact is for a bona fide medical or therapeutic purpose, or for a bona fide professional purpose for which the services are being provided;
• (2) The nature of the treatment or service provided by the actor and the mental, emotional, or physical condition of the patient or client are such that the actor knows or has reason to know that the patient or client is impaired from declining participation in the sexual act or sexual contact;
• (3) The actor represents falsely that he or she is licensed as a particular type of professional; or
• (4) The sexual act or sexual contact occurs during the course of a consultation, examination, treatment, therapy, or other provision of professional services.

         D.C. Code §§ 22–3015, 22-3016.

Marriage or domestic partnership between the defendant and the child or minor at the time of the offense is a defense, which the defendant must establish by a preponderance of the evidence, to a prosecution for child sexual abuse, enticing a child or minor, or sexual abuse of a minor under D.C. Code §§ 22-3008 to 22-3010.01, prosecuted alone or in conjunction with attempted sexual abuse under D.C. Code § 22-3018 or § 22-403, involving only the defendant and the child or minor. D.C. Code § 22–3011.

Yes. Consent by the victim is a defense to sex crimes (including attempted sexual abuse under D.C. Code §§ 22–3018 or 22-401 & 22-403) other than crimes involving:

• child sexual abuse; or
• sexual abuse of a minor. 

D.C. Code §§ 22–3007, 22–3011.

No.