Code of the District of Columbia

§ 23–1907. Definitions.

For the purposes of this subchapter, the term:

(1) "DC SANE Program" means the DC Sexual Assault Nurse Examiner Program that provides comprehensive medical forensic care to sexual assault victims, including:

(A) The DC Forensic Nurse Examiners;

(B) The Child and Adolescent Protection Center; or

(C) Any other entity within the District that is a member of the SART, or the multidisciplinary investigation team, described in § 4-1301.51.

(2) "Forensic nurse examiner" means a nurse with specialized training in medical forensic evidence collection who provides comprehensive medical forensic care to sexual assault victims and participates in the DC SANE Program.

(3) "Hospital" means a facility that provides 24-hour inpatient care, including diagnostic, therapeutic, and other health-related services, for a variety of physical or mental conditions, and may, in addition, provide outpatient services, particularly emergency care.

(4) "Interview" means any interview conducted by the MPD or other District agency with a sexual assault victim relating to the alleged sexual assault.

(5) "MPD" means the Metropolitan Police Department.

(6) "OVSJG" means the Office of Victim Services and Justice Grants, established pursuant to Mayor's Order 2016-171.

(7) "PERK" means a Physical Evidence Recovery Kit used to collect and preserve physical evidence related to a sexual assault or alleged sexual assault.

(8) "SART" shall have the same meaning as provided in § 4-561.01(11).

(9) "Sexual assault" means any of the following offenses: §§ 22-1834 (sex trafficking of children); 22-2704 (abducting or enticing child from his or her home for the purposes of prostitution; harboring such child); 22-2705 (pandering; inducing or compelling an individual to engage in prostitution); 22-2706 (compelling an individual to live life of prostitution against his or her will); 22-2708 (causing spouse or domestic partner to live in prostitution); 22-2709 (detaining an individual in disorderly house for debt there contracted); 22-1901 (incest); 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); 22-3008 (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 sexual contact with a real or fictitious child); 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); 22-3018 (attempts to commit sexual offenses); or 22-3102 (knowingly using a minor in a sexual performance or promoting a sexual performance by a minor).

(10) "Sexual assault counselor" means an employee, contractor, or volunteer of a community-based organization serving sexual assault victims 13 years of age or older who:

(A) Renders support, counseling, or assistance to a sexual assault victim;

(B) Has undergone at least 40 hours of training related to sexual assault counseling using a curriculum approved by the OVSJG that includes instruction on:

(i) The dynamics and history of sexual assault and gender-based violence;

(ii) Sex trafficking and other forms of commercial sexual exploitation;

(iii) Trauma resulting from sexual assault, gender-based violence, and commercial sexual exploitation;

(iv) Responding to the specific needs of youth sexual assault victims;

(v) Responding to the specific needs of sexual assault victims with respect to their sexual orientation, gender identity, or gender expression;

(vi) Trauma-informed care, crisis intervention, personal safety, and risk management; and

(vii) Cultural humility;

(viii) The sexual assault victim advocate dispatch system, developed by OVSJG and approved by the SART, pursuant to § 23-1909(e); and

(ix) Services available to sexual assault victims, including how to access medical forensic care services available through the DC SANE Programs; and

(C) Is supervised by an individual who has a minimum of:

(i) 5 years of experience rendering support, counseling, or assistance to sexual assault victims; or

(ii) 3 years of experience rendering support, counseling, or assistance to sexual assault victims and an advanced degree in a related field.

(11) "Sexual assault victim" means any individual against whom a sexual assault has been committed or is alleged to have been committed, including:

(A) Deceased individuals; and

(B) Representatives appointed by the court to exercise the rights and receive services on behalf of sexual assault victims who are under 18 years of age, incompetent, incapacitated, or deceased.

(12) "Sexual assault victim advocate" means an employee or contractor of a community-based organization whose director or their director's designee is a member of the SART and who:

(A) Is a sexual assault counselor; and

(B) Has undergone an additional 20 hours of training related to sexual assault victim advocacy using a curriculum approved by the OVSJG that includes instruction on:

(i) The District's criminal justice system;

(ii) Crime victims' rights; and

(iii) Avoiding the unauthorized practice of law.

(13) "Sexual Assault Victim's Rights Card" means a document, published by OVSJG in consultation with the SART, printed in the most widely spoken languages in the District, that advises sexual assault victims of their rights under this subchapter.

(14) "Sexual assault youth victim advocate" means an employee or contractor of a community-based organization whose director or the director's designee is a member of the SART and who:

(A) Qualifies as a sexual assault victim advocate; and

(B) Has undergone an additional 20 hours of training related to youth sexual assault victim advocacy using a curriculum approved by the OVSJG that includes instruction on:

(i) Providing services to sexual assault victims under the age of 18, including the different needs of children and adolescents;

(ii) Navigating family dynamics in the context of providing services to children and adolescents who have experienced sexual assault;

(iii) The co-occurrence of child abuse in children and adolescents who have experienced sexual assault; and

(iv) Children's susceptibility to suggestive questioning, the impact suggestive questions have on criminal investigations and prosecutions, and techniques for minimizing the potential for suggestibility.


(Nov. 20, 2014, D.C. Law 20-139, § 101(c), 61 DCR 5913; Mar. 3, 2020, D.C. Law 23-57, § 8(b), 66 DCR 15914.)

Applicability

Section 402 of D.C. Law 23-274 provided that the amendments made to this section by Law 23-57 shall apply as of January 1, 2021.

Section 3 of D.C. Act 23-552 provided that the amendments made to this section by Law 23-57 shall apply as of January 1, 2021. Therefore those amendments shall be implemented for this section on January 1, 2021.

Section 3 of D.C. Act 23-412 provided that the amendments made to this section by Law 23-57 shall apply as of January 1, 2021. Therefore those amendments shall be implemented for this section on January 1, 2021.

Section 9(a) of D.C. Law 23-57 provided that the amendments made to this section by Law 23-57 shall apply as of October 1, 2020. Therefore those amendments shall be implemented for this section on October 1, 2020.