Age of consent laws differ dramatically among the states, and your age can also affect how they are applied. Being accused of statutory rape can ruin your future. What do you do when facing criminal charges that can change your life permanently?
As criminal defense attorneys with over two decades of experience handling cases involving age of consent issues, we've represented many clients facing sexual misconduct accusations. We understand what you’re going through and are here to listen to you and help.
If you have been accused of a sexual crime or if charges have been filed against you regarding the age of consent laws in Washington State, keep reading to learn more.
What You Need to Know About Consent Laws in Washington
In Washington state, the legal framework around sexual consent is clear: a person must be at least 16 years old to legally consent to sexual activity. However, even when dealing with people 16 years or older, additional factors like significant relationships and positions of authority can affect whether sexual conduct is lawful. Understanding these nuances is important for anyone concerned about sexual offenses or facing a potential felony conviction.
When Does Washington Law Consider Someone Too Young to Consent?
Washington law defines sexual intercourse more broadly than many people might expect. Under RCW 9A.44.010, it includes:
- Traditional intercourse with any penetration, however slight.
- Any penetration of the vagina or anus by any body part or object (unless for medical purposes).
- Any sexual contact between the sex organs of one person and the mouth or anus of another.
“Sexual contact” is defined as “any touching of the sexual or other intimate parts of a person done for the purpose of gratifying sexual desire of either party or a third party”.
In cases involving minors, the government doesn't need to prove force was used. The mere act of engaging in sexual conduct with someone under the age of consent constitutes a serious crime.
What Happens When There's an Age Difference?
Washington law divides statutory rape into three degrees based on the age of the younger person and the age difference between the parties. Each degree carries different penalties:
First Degree Rape of a Child
First Degree Rape of a Child applies when the younger person is under 12 years old and the other person is at least 24 months older. This is the most serious offense and is designated a Class A felony, carrying potential life imprisonment and up to $50,000 in fines.
Second Degree Rape of a Child
Second Degree Rape of a Child involves cases where the younger person is 12 or 13 years old and the other person is at least 36 months older. This is also a Class A felony, including possible life imprisonment and up to $50,000 in fines.
Third Degree Rape of a Child
Third Degree Rape of a Child occurs when the younger person is 14 or 15 years old and the other person is at least 48 months older. It is a Class C Felony, carrying penalties of up to 5 years in prison and a maximum fine of $10,000.00.
Understanding Close-Age Relationships Under Washington Law
Washington recognizes that young people close in age might engage in consensual relationships through what are commonly known as "Romeo and Juliet" provisions. These laws protect young people who are close in age from serious criminal charges when engaging in consensual sexual activity. The specific exemptions include:
- For those under 12: Partner must not be more than two years older (three years if no sexual intercourse).
- For ages 12-13: Partner must not be more than three years older (four years if no sexual intercourse).
- For ages 14-15: Partner must not be more than four years older.
Additionally, Washington has a marital exemption, but both parties must be at least 17 with parental permission or 18 without it. Any marriage under 17 requires a Superior Court judge's approval.
Want to learn more about legal protections for relationships between young people close in age? Read our detailed guide on consent laws for minors in relationships.
Special Rules for Authority Figures and Supervisors
The Washington State Supreme Court has upheld strict regulations regarding sexual relations in positions of authority (RCW 9A.44.093). The law scrutinizes cases where someone holds authority over someone aged 16-17, such as teachers, coaches, religious leaders, or other youth leaders. When a person commits an act involving sexual contact while in a position of trust, the consequences can be severe. For example, a school employee engaging in sexual misconduct with a student will face severe penalties, even if the student has reached the minimum age of consent. Similarly, a foster parent cannot engage in sexual acts with their foster child, regardless of age.
How a Recent Law Affects Digital Communication
The Responsible Teen Communications Act of 2019 represents a significant shift in how Washington State addresses digital communications between young persons. This law recognizes that when a younger person engages in certain types of communication with sexual content, the traditional framework of child sexual abuse laws may not be appropriate.
The Act establishes an affirmative defense for individuals in close-in-age relationships, recognizing the need for fairness in such cases. This defense helps prevent the unfair criminalization of consensual relationships between young people.
Need Help Understanding Washington's Consent Laws?
Washington's age of consent laws balance protecting minors from exploitation with recognizing that young people may engage in consensual relationships with peers. These laws are complex, and the consequences of violations can be severe. If you have questions about these laws or face related charges, it's crucial to seek qualified legal counsel immediately.
Marshall & Saunders is here to protect your rights in sexual offense cases. We are specialized criminal defense attorneys with decades of experience. Don’t go through this alone. We will listen to you and provide honest answers and a plan for defending your rights as best as possible. Contact us for a confidential consultation to discuss your situation and understand your options.
David Marshall, founding partner of Marshall & Saunders, has dedicated over 40 years to defending the accused. His expertise in sex crime and child abuse cases, compassionate approach, and strategic insights have made him a respected voice in criminal defense law and a tireless advocate for justice.
Joshua R. Saunders brings over 15 years of criminal defense experience to the Marshall Defense Firm. His innovative approach, informed by his background in social anthropology and bail reform advocacy, combines legal acumen with a deep commitment to justice and client communication.