Washington D.C.

 
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The Laws That Should Protect Our Children

Current Civil SOL in a nutshell

SOL vs. perp: +7 years from majority = Age 25
SOL vs. employer: +7 years from majority = Age 25
Majority Tolling: √ Age 18
Discovery Tolling: √ Liberal (+3 years)

  1. D.C. Code § 12-301 (11) (“for the recovery of damages arising out of sexual abuse that occurred while the victim was a minor– 7 years from the date that the victim attains the age of 18, or 3 years from when the victim knew, or reasonably should have known, of any act constituting abuse, whichever is later”)

TOLLING:

  1. Discovery, yes, narrow. D.C. Code § 12-301(11) (“[F]rom when the victim knew, or reasonably should have known, of any act constituting abuse”);
    a. Cevenini v. Archbishop of Washington, 707 A.2d 768 (D.C. App. 1998) (finding that date victim recalled his repressed memories of childhood sexual abuse was date of inquiry notice, thus also accrual, and that appreciation of full harm not necessary to start running of SOL);
  2. Majority, yes. D.C. Code § 12-301(11) (“from the date that the victim attains the age of 18”)

Current Criminal SOL in a nutshell

15 years from victim’s 21st birthday for 1st & 2nd degree crimes, D.C. Code § 23-113 (2)
+10 years for 3rd & 4th degree crimes, D.C. Code § 23-113 (3)

D.C. Code § 23-113 (2) A prosecution for the following crimes and any offense that is properly joinable with any of the following crimes is barred if not commenced within fifteen (15) years after it is committed: (A) first degree sexual abuse (D.C. Official Code § 22-3002); (B) second degree sexual abuse (D.C. Official Code § 22-3003); (C) first degree child sexual abuse (D.C. Official Code § 22-3008); and (D) second degree child sexual abuse (D.C. Official Code § 22-3009).

D.C. Code § 23-113 (3) (“ A prosecution for the following crimes and any offense that is properly joinable with any of the following crimes is barred if not commenced within ten (10) years after it is committed: (A) third degree sexual abuse (D.C. Official Code § 22-3004); (B) fourth degree sexual abuse (D.C. Official Code § 22-3005);…

TOLLING TO VICTIM’s 21st birthday: D.C. Code § 23-113(d)(2)(A)-(J)

D.C. Code § 23-113 (d) (“Suspension of period of limitation. — (1) The period of limitation for an offense, and any necessarily included offense, does not run during any time when a prosecution against the defendant for that offense is pending in the courts of the District of Columbia. (2) The period of limitation shall not begin to run until the victim reaches 21 years of age for the following offenses:

(A)  first degree child sexual abuse (D.C. Official Code § 22-3008 <br> 
   (B)  second degree child sexual abuse (D.C. Official Code § 22-3009 <br> 
   (C)  enticing a child for the purpose of committing felony sexual abuse (D.C. Official Code § 22-3010) <br> 
   (D)  using a minor in a sexual performance or promoting a sexual performance by a minor (D.C. Official Code § 22-3102) <br> 
   (E)  incest (D.C. Official Code § 22-1901) <br> 
   (F)  Sections [D.C. Official Code 22-3009.01 and 22-3009.02]; (1st & 2nd degree sexual abuse of minor <br> 
   (G)  Section [D.C. Official Code § 22-2704]; (Abducting or enticing child from his or her home for purposes of prostitution; harboring such child.) <br> 
   (H)  Section [D.C. Official Code § 22-2705]; (Pandering; inducing or compelling an individual to engage in prostitution.) <br> 
   (I)  Section [D.C. Official Code § 22-2706], where the victim is a minor (Compelling an individual to live life of prostitution against his or her will.); and <br> 
   (J)  Forced labor, trafficking in labor or commercial sex, sex trafficking of children, and benefitting financially from human trafficking as prohibited by the Human Trafficking Act [D.C. Law 18-239], where the victim is a minor. <br>

Medical Neglect Statute

CIVIL MEDICAL NEGLECT STATUTE

CRIMINAL MEDICAL NEGLECT STATUTE


Religous Liberty Statute

Religious liberty statute that could put children at risk