Vindicate Criminal Law Group has established a reputation for excellence in criminal defense law services. For over 20 years, we have obtained acquittals and gotten criminal charges dismissed for our clients in cases alleging statutory rape.
We are dedicated to fighting for the rights of criminal defendants in Renton, Seattle, and other areas of Washington. The purpose behind statutory rape laws is to protect children and minors who are deemed incapable of consent. Consent, therefore, is not a defense to statutory rape. Even if the victim engages in consensual sexual relations with a significant other, the defendant can still be guilty of statutory rape.
In Washington, the minimum age of consent is The three different degrees of statutory rape are defined by the age difference between the victim and defendant. Defending these charges is challenging, but there are statutory defenses and ways to mitigate the charges so that your future is not lost once these allegations are made.
In Washington the age of consent is 16 years of age under most circumstances, but there are many exceptions. It is a defense to Rape of a Child, Child Molestation or Sexual Misconduct with a Minor if you were told the person was of the legal age and it was reasonable for you to have relied upon what you were told. But often it is your word against theirs, and these cases can pose many challenges to defend. A growing number of our cases begin on the Internet where young people claim to be much older that they really are and behave in ways that are very adult.
These online chats often lead to in person meetings that can be disastrous for the person who is not very careful. At the Meryhew Law Group our lawyers fight these charges with proven results every day. If you are charged with a sexual offense based upon a victim who was too young to consent you need the kind of experience, creativity and dedication behind you that we have to offer.
We understand how these cases are investigated, how evidence is collected and processed, and what needs to be done in order to challenge the prosecution. If you've been arrested on charges of statutory rape, contact The Meryhew Law Group today to schedule an appointment and discuss your case. It is a defense to these charges that the defendant must prove that it was reasonable for them to believe that the person they met was of the legal age.
The defendant must prove by a preponderance of the evidence that it was reasonable for them to believe the victim was of a legal age based upon representations made by the person.
RCW 9A. If a person is to young to consent under the law, then the fact that they agree to sexual activity is not a defense. Society has determined that at certain ages children are too young to appreciate the nature and consequences of sexual activity, and therefore it is illegal to have that contact. However, if the person's involved are close to each other in age, then the law does not make sexual contact illegal unless there is a lack of consent or force is used to overcome resistance to sexual contact.
In other words, under Washington law peers may have consensual sexual contact without prosecution, but once there is more than the specified number of years between them prosecution becomes a very real possibility. It also means any sexual contact between the sex organs of one person and the mouth or anus of another person. Class A felony sex offense. A minimum sentence of 93 - months in prison and a maximum of life in prison. If released from prison, the person is on probation or "community custody" for the rest of their life.
This is an indeterminate sentence, which means a person sentenced for this offense can be held in prison for the rest of their life, and is only released upon a finding by the Indeterminate Sentence Review Board that you are not likely to commit another sex offense if you are released. A minimum of 10 years of sex offender registration for adult offenders, up to lifetime registration. Statutory rape laws are premised on the assumption that minors are incapable of giving informed consent to sexual activities.
Their incapacity is written into the statute—hence the term "statutory" rape. The age of consent can vary among states, and some states differentiate between consensual sex between minors who are close in age for example, two teenagers of the same age , as opposed to sex between a minor and a much older adult. Though statutory rape does not require that the prosecutor prove an assault, it is still rape. Of course, rape that does involve force or an assault is illegal in Washington and prosecuted as forcible rape.
Assaults of a sexual nature may also be charged under the state's assault and battery or child enticement or molestation laws. Statutory rape is prosecuted under Washington's rape and child molestation laws. Penalties depend on the age of the parties and the type of sexual contact that occurred, as described below.
First degree rape of a child occurs when there is sexual intercourse anal sex, oral sex, or sexual penetration, however slight, with an object or body part between a minor who is 11 or younger, and a defendant who is at least two years older than the minor. Code Ann. Second degree rape of a child occurs when there is sexual intercourse between a minor who is 12 or 13, and a defendant who is at least three years older than the minor. Third degree rape of a child occurs when there is sexual intercourse between a minor who is 14 or 15, and a defendant who is at least four years older than the minor.
First degree child molestation occurs when there is sexual contact sexual touching, even over clothing, without penetration between a minor who is 11 or younger, and a defendant who is at least three years older than the minor.
Second degree child molestation occurs when there is sexual contact between a minor who is 12 or 13, and a defendant who is at least three years older than the minor. Third degree child molestation occurs when there is sexual contact between a minor who is 14 or 15, and a defendant who is at least four years older than the minor. State law requires that, in addition to the applicable fines and prison time, people convicted of certain sexual crimes including statutory rape must register as sex offenders.
Defendants charged with statutory rape have the usual defenses available to all criminal defendants, such as "Someone else committed this crime," or "The alleged conduct did not occur. Named after Shakespeare's young lovers, "Romeo and Juliet" exceptions are intended to prevent serious criminal charges against teenagers who engage in consensual sex with others close to their own age.
In Washington, there is a Romeo and Juliet exemption for consensual sex between a minor younger than 12 and another minor who is not more than two years older three years older for sexual contact without penetration. It also includes a minor who is 12 or 13 and another minor who is not more than three years older four years for sexual contact without penetration. And it also covers a minor who is 14 or 15 who has sex or sexual contact with someone who is four or fewer years older than that minor.
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