§ 23-1912 — Limitations on law enforcement actions against sexual assault victims seeking medical treatment.

District of Columbia § 23-1912

• Jurisdiction: District of Columbia
• Title 23: Criminal Procedure. [Enacted title]
• Ch. 19: Crime Victims’ Rights.
• Subch. II: Sexual assault victim advocates and sexual assault youth victim advocates; sexual assault victim advocate dispatch system.

Text

(a) A sexual assault victim, when the sexual assault victim is seeking emergency medical treatment or medical forensic care related to a sexual assault, or a victim, as that term is defined in § 23-1904a(a)(4) , when the victim is seeking emergency medical treatment or medical forensic care at a hospital related to an intentionally inflicted gunshot or stab wound, shall not be subject to a subsequent custodial arrest by a law enforcement officer unless a warrant for the sexual assault victim's arrest or the victim's arrest has been issued by a competent court of jurisdiction for the commission of a:

(1) Dangerous crime, as that term is defined in § 23-1331(3) ; or

(2) Crime of violence, as that term is defined in § 23-1331(4) .

(b) A law enforcement officer who is prohibited from making a custodial arrest under subsection (a) of this section may issue a field arrest form to the sexual assault victim or victim in lieu of making a custodial arrest; provided, that the issuance of a field arrest form does not at that time pose health or safety risks to the sexual assault victim or victim.