Rape Defense Attorney

Washington Law on Rape Offenses

There are many sets of circumstances that can make an act of sexual intercourse count as some degree of rape.

First-Degree Rape

Rape in the first degree is committed when a person has sexual intercourse with another person by forcible compulsion and when either the perpetrator or someone helping the perpetrator does one of the following:

• Uses or threatens to use a deadly weapon or what appears to be a deadly weapon
• Kidnaps the victim
• Inflicts serious physical injury
• Feloniously enters a building or vehicle containing the victim

Using drugs or alcohol that render the victim unable to consent is another way in which first-degree rape charges can be brought against someone. If convicted, a person with a first-degree rape charge is found guilty of a Class A felony.

Second-Degree Rape

Rape in the second degree is committed when a person has sexual intercourse with another person and:

• Forcible compulsion was involved (but with none of the additional facts required for rape in the first degree).
• The victim is incapable of consent because they are physically helpless or mentally incapacitated.
• The victim has a developmental disability and the perpetrator has supervisory authority over them or was providing transportation to the victim at the time of the crime.
• The perpetrator has intercourse with the victim while providing health care treatment to the victim.
• The perpetrator has supervisory authority over the victim while the victim resides in a facility for persons with mental disorders or chemical dependency.
• The victim is a frail or vulnerable adult and the perpetrator either has a significant relationship with or was providing transportation to the victim at the time of the crime.

Rape in the second degree is a Class A felony and comes with significant repercussions. We’ll mount a strong defense on your behalf if you’re facing these charges.

Third-Degree Rape

Rape in the third degree is committed when a person has sexual intercourse with another person and the victim did not consent and clearly expressed that lack of consent or when there is a threat of substantial unlawful harm to the victim’s property rights.

We recognize the life-altering impact of these allegations and are committed to providing the skilled, compassionate advocacy you need during this crisis.

Understanding Washington's Rape Shield Law

Washington, like most American jurisdictions, has a rape shield law. These laws were adopted to stop the practice of denigrating rape complainants as “loose women.” Strange as it seems now, many people used to believe that a promiscuous woman had low moral standards and could not be relied upon to testify truthfully.

Under Washington’s rape shield statute, evidence of a complainant’s sexual behavior on other occasions is not admissible to prove either their lack of credibility or their consent to the act of intercourse charged as rape.

When the defense contends such evidence is admissible for another purpose, the statute requires notice to the prosecution and a hearing for a judge to decide whether to allow the evidence. Court rules constitute rape shield laws in federal criminal cases and in Washington state court civil cases.

Penalties for Rape Convictions

The penalties for a rape conviction in Washington are severe and life-altering. Rape in the first degree and rape in the second degree are Class A felonies, punishable by up to life in prison and a fine of $50,000. Rape in the third degree is a Class C felony, with a maximum sentence of five years in prison and a fine of $10,000.

Very few people receive the maximum sentence. Rather, the sentencing judge chooses a sentence within the standard sentence range. That range depends on the accused’s prior criminal record and the number of counts (criminal incidents) of which the accused is found guilty.

But the sentence the judge chooses is only the minimum prison term. Because all three degrees of rape fall within Washington’s “determinate plus” sentencing scheme, the person may be kept in prison longer.

As the end of the minimum term approaches, the Indeterminate Sentence Review Board decides whether the accused is likely to commit another sex offense after release. If the ISRB decides that they likely would do that, it can extend their imprisonment by as much as five years.

That process can be repeated each time the imprisoned person nears a release date. That means they could be kept in prison until they reach the maximum possible sentence; for a person convicted of first- or second-degree rape, that would be imprisonment for life.

Also, the initial sentence pronounced by the judge can be longer than the standard sentence range if the prosecutor has charged and proven at trial any of several aggravating factors set out by law.

Other Consequences of a Rape Conviction

After serving whatever time in custody is ordered, the accused will be on “community custody,” akin to parole, for years; if convicted of rape in the first or second degree, for life.

Persons in community custody for a sex offense must get permission to travel (even to leave the county) and are prohibited from going to places where children congregate, such as schools, parks, playgrounds, and ballfields. They are also prohibited from living near such places.

They usually must undergo periodic polygraph (lie detector) tests to see whether they have been obeying the rules of their community custody.

Everyone convicted of rape is also required to register with the sheriff as a sex offender. Law enforcement officers will then go to the offender’s home periodically to confirm that they live there. Neighbors often learn that a person is a registered sex offender, leading to more stigma.