Misdemeanor sexual abuse in D.C.  

It is a criminal offense in Washington, D.C. to engage in a sexual act or to make sexual contact with another person without that person’s permission.  D.C. Code § 22-3006.  

If no force, violence or threats are used, the offense is a misdemeanor offense, punishable by no more than 180 days in jail and a $1,000 fine.  Otherwise, the offense can be prosecuted as a felony. 

The required state of mind – or mens rea – for a conviction of this offense is that the defendant either knew or had reason to know that the other person did not consent to the contact.  

Unlike a defendant who is convicted of a felony sexual abuse offense, a person who is convicted of misdemeanor sexual abuse involving another adult is NOT required to register as a sex offender.  D.C. Code § 22-4016(b)(3).  

A “sexual act” is defined as (1) the penetration, however slight, of the anus or vulva of another by a penis, (2) contact between the mouth and the penis, the mouth and the vulva, or the mouth and the anus, or (3) 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.C. Code § 22-3301(8).  

“Sexual contact” is defined as the “touching with any clothed or unclothed body part or any object, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks of any person with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person.” D.C. Code § 22-3301(9).  

Possible defenses to the charge include consent (that is, the complainant gave his permission for the contact) and mistake or accident (the defendant did not intend to make contact with the other person’s body).  In cases in which the parties do not know each other and the defendant was not arrested on the scene, misidentification is also a potential defense. 

It is not a defense to this charge that the offender and complainant were married or in a domestic partnership.  

Simple assault is a lesser included offense of misdemeanor sexual abuse.  Mungo v. United States, 772 A.2d 240, 246 (D.C. 2001).