Administrative Code Provisions | WCHR ยง 23-605-7 | 2018
(a) An award shall not be reduced or denied, except as provided in section 351-31(c). Factors that shall not be considered in reducing or denying an award include, but are not limited to:
(1) Cases involving sexual assault:
(A) The manner in which the victim was dressed at the time of the assault;
(B) Where the victim was prior to the sexual assault;
(C) The time of the sexual assault;
(D) Whether the victim was or may have been under the influence of alcohol or drugs;
(E) Whether the victim had a previous sexual relationship with the offender;
(F) Whether the victim was married to the offender;
(G) Whether the victim was dating the offender;
(H) Whether the victim consented to prior sexual activity with the offender;
(I) The occupation of the victim;
(J) Whether the victim has a record of prior sexual assaults;
(K) Whether the victim has a criminal record; and
(L) Whether the victim consented to the sexual act if the victim is below the age of consent, mentally defective, mentally incapacitated or physically helpless.
(2) In cases involving assault or abuse of a family or household member:
(A) Whether the victim continued to live with the offender after the assault; and
(B) The number of applications submitted by the victim.
(C) Where the victim has a familial relationship to the offender.