Falsely Accused of Rape Lawyer Washington DC

The District of Columbia does not have a criminal offense named rape. A person told that they are under investigation for rape in Washington, D.C. is, in the language of the D.C. Code, facing a sexual abuse allegation under Chapter 30 of Title 22. The closest analogue to the offense that other jurisdictions call rape is first degree sexual abuse under D.C. Code § 22-3002, and the graded offenses that follow appear at §§ 22-3003, 22-3004, 22-3005, and 22-3006. Which section the government invokes changes the elements, the conduct covered, and the sentencing exposure.

An accusation is not proof. The prosecution must prove every element of the section it has charged, and the defense function begins by identifying those elements precisely and testing what the record establishes about each of them. Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., and the firm’s Of Counsel attorneys represent people accused of sexual abuse offenses in the District, including people who maintain that the allegation against them is untrue. The firm does not treat a denial as a plan in itself. It treats the denial as the starting point for a methodical review of the charging section, the alleged conduct, the timeline, and the material the government intends to rely on. Request a consultation. The firm maintains 24/7 phone intake at (888) 437-7747.

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What the District Charges Instead of Rape

D.C. Code § 22-3002 defines first degree sexual abuse. The section reaches a person who engages in a sexual act with another person, or who causes another person to engage in or submit to a sexual act, in the circumstances the statute lists. The first is the use of force against that person. The second is threatening the person or placing the person in reasonable fear of death, bodily injury, or kidnapping. The third is engaging in the act after rendering the person unconscious. The fourth is engaging in the act after administering a drug that substantially impairs the ability to appraise or control conduct. Each listed circumstance is a separate route to the same offense, and each carries its own factual requirements. The penalty is any term of years or life, plus a fine, and a sentence above 30 years is available only where the aggravating circumstances in § 22-3020 apply.

Consent is defined by § 22-3001 as words or overt actions indicating a freely given agreement to the sexual act or contact in question. The same section provides that lack of resistance resulting from force, threats, or coercion is not consent. Those definitions were amended by D.C. Law 25-175, effective June 8, 2024.

The remaining degrees follow the same architecture at lower levels. Second degree sexual abuse under § 22-3003 covers a sexual act accomplished by lesser threats, or committed where the actor knows or has reason to know that the person is incapable of appraising the nature of the conduct, declining participation, or communicating unwillingness, and carries up to 20 years plus a fine. Third degree sexual abuse under § 22-3004 covers sexual contact rather than a sexual act, by force, serious threat, unconsciousness, or drugging, and carries up to 10 years plus a fine. Fourth degree sexual abuse under § 22-3005 covers sexual contact by lesser threats or with an incapacitated person, and carries up to 5 years plus a fine. Misdemeanor sexual abuse under § 22-3006 covers a sexual act or sexual contact where the actor should have knowledge or reason to know that the act was committed without that person’s permission.

How Mr. Sris and the Firm’s Of Counsel Attorneys Handle These Cases

Work on a District sexual abuse matter begins with the charging document and the section number printed on it. First degree sexual abuse under § 22-3002 and misdemeanor sexual abuse under § 22-3006 describe different conduct and carry different exposure, so the first task is to fix which section is in play and which of its listed circumstances the government has selected. Mr. Sris and the firm’s Of Counsel attorneys then map the allegation element by element: whether the conduct alleged is a sexual act or sexual contact, which statutory circumstance the government relies on, and what material it points to for each part of the section.

The consent definition in § 22-3001 shapes much of that work, because it directs attention to words or overt actions indicating a freely given agreement to the act or contact in question, and because it forecloses any argument built on the absence of resistance where force, threats, or coercion were present.

Sentencing structure is examined early rather than late. A sentence above 30 years under § 22-3002 depends on the aggravating circumstances listed in § 22-3020, so whether the government has alleged any of those six circumstances is a question with immediate consequences. Registration is examined on the same footing, because § 22-4001 makes any offense under Chapter 30 of Title 22 a registration offense.

The firm also counsels clients on conduct during an open investigation, including contact with the complainant, contact with investigators, and the preservation of messages, call records, and other material that may bear on the timeline. None of that resolves a case by itself, and the firm makes no representation about how any accusation will be resolved.

About Mr. Sris and the Firm’s Of Counsel Attorneys

Mr. Sris is the Owner and Founder of the firm and a former prosecutor. He founded the firm in 1997 and is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. His background at George Mason University in accounting and information systems is applied to complex financial and technology-related cases, which in a sexual abuse matter often means device data, message threads, and account records.

Mr. Sris and the firm’s Of Counsel attorneys practice in criminal defense, and the District work includes offenses charged under Chapter 30 of Title 22. The Of Counsel attorneys contract directly with the firm and work under the same case-handling approach: read the section charged, separate its elements, and tell the client what the statute requires the government to establish.

The firm’s posture in matters where a client says the accusation is untrue is deliberately narrow. It does not assert that accusations of this kind are usually one thing or another, and it does not hold itself out as able to determine on its own whether a given accusation is true. What it does is insist that the charge be tested against the section the government selected, element by element, and that nothing be treated as established merely because it has been alleged. Consultations are held by appointment at the firm’s locations. Request a consultation by calling (888) 437-7747.

Frequently Asked Questions

Is there a crime called rape in Washington, D.C.?

No. The D.C. Code does not use that name for an offense. Conduct that other jurisdictions prosecute under that label is charged in the District under Chapter 30 of Title 22 as sexual abuse. The closest analogue is first degree sexual abuse under § 22-3002, which reaches a sexual act committed by force, by threatening or placing the person in reasonable fear of death, bodily injury, or kidnapping, after rendering the person unconscious, or after administering a drug that substantially impairs the ability to appraise or control conduct. If you have been told that you are under investigation for rape in the District, the practical question is which section of Chapter 30 the government is considering.

What is the difference between a sexual act and sexual contact in these sections?

The statutory ladder is built on that distinction. Sections 22-3002 and 22-3003 address a sexual act, while §§ 22-3004 and 22-3005 address sexual contact, and § 22-3006 can reach either. The terms themselves are defined for the whole chapter in § 22-3001. The grading follows the same line: second degree sexual abuse carries up to 20 years plus a fine, third degree carries up to 10 years plus a fine, and fourth degree carries up to 5 years plus a fine. Identifying which category the allegation falls into is one of the first things you should expect a defense to address.

How does D.C. law define consent?

Under § 22-3001, consent means words or overt actions indicating a freely given agreement to the sexual act or contact in question. The same definition provides that lack of resistance resulting from force, threats, or coercion is not consent. These definitions were amended by D.C. Law 25-175, effective June 8, 2024. The definition matters in a contested case because it focuses attention on what was said and done at the time of the act or contact in question, rather than on a general characterization of the relationship between the people involved.

Can a first degree sexual abuse sentence exceed 30 years?

First degree sexual abuse under § 22-3002 is punishable by any term of years or life, plus a fine, but a sentence over 30 years requires the aggravating circumstances set out in § 22-3020. That section lists six: the victim was under 13; the victim was under 18 and the actor was in a significant relationship with the victim; serious bodily injury resulted; the defendant was aided by accomplices; the defendant was found guilty of sex offenses against two or more victims; or the defendant was armed. Section 22-3020 authorizes enhanced penalties up to 1.5 times the statutory maximum.

What should a person do after being accused but before being charged?

Treat the accusation as serious without treating it as proof. Ask which section of Chapter 30 is under consideration, because the elements differ at every level. Avoid contact with the complainant, and be careful about statements to investigators. Preserve messages, call records, and other material that may bear on the timeline, since deleting material is its own problem. Understand that § 22-4001 makes any offense under Chapter 30 of Title 22 a registration offense on conviction. Request a consultation by calling (888) 437-7747.

This page provides general information and does not create an attorney-client relationship. Case results depend on a variety of factors unique to each case. Results may vary.

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