Code of the District of Columbia

§ 23–1908. Sexual assault victims' rights.

(a) In addition to the rights set forth in subchapter I of this chapter, a sexual assault victim shall have the right to have:

(1) A PERK performed at no cost;

(2) To have their PERK and any additional probative or evidentiary contents preserved, without charge, for 65 years from the date the crime is first reported to the law enforcement agency, as that term is defined in § 5-113.31(9);

(3) For sexual assault victims 18 years of age or older, a sexual assault victim advocate, and for sexual assault victims ages 13 to 17, a sexual assault youth victim advocate, present during any:

(A) Forensic medical, evidentiary, or physical examination;

(B) Point during the hospital visit; provided, that the presence of a sexual assault victim advocate or a sexual assault youth victim advocate does not pose health or safety risks to the sexual assault victim, the sexual assault victim advocate, or the sexual assault youth victim advocate; and

(C) Interview.

(b) A sexual assault victim shall have the rights provided in subsection (a)(3) of this section even if the sexual assault victim previously declined the presence of a sexual assault victim advocate or a sexual assault youth victim advocate.


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