The age of consent is how old someone must be to give their consent to an activity or conduct. In criminal law, the age of consent generally refers to the age at which a person can give consent to sexual conduct. The age differs by state and can be influenced by other factors. Our Seattle criminal defense attorneys discuss the age of consent in Washington State and how it can impact various sex crimes.
What Is the Age of Consent in Washington State?
Typically, a person must be at least sixteen years old to give consent for sexual activity in Washington State. The law defines consent as actual words or conduct indicating that the person freely agrees to engage in sexual contact or sexual intercourse.
Sexual conduct covers any touching of the intimate or sexual parts of another person for the purpose of gratifying sexual desire. Sexual intercourse means any penetration, no matter how slight, of the anus or vagina.
When charging someone with sex crimes involving a minor, proving force is unnecessary. Having any sexual conduct with someone under 16 years old can result in criminal charges.
Does a Difference in Age Impact the Charges for Sex Crimes Involving a Minor?
Because someone under the age of consent cannot freely agree to sexual conduct, having sex with someone under 16 years old results in charges of statutory rape. The state divides the rape of a child into three degrees based on the age difference between the minor and the offender.
- Third-Degree Rape of a Child – The victim is 14 or 15 years old, and the offender is at least 48 months older. A conviction is a Class C felony punishable by up to five years in prison and a $10,000 fine.
- Second-Degree Rape of a Child – The victim is 12 or 13 years old, and the offender is at least 36 months older. A conviction is a Class A felony punishable by up to life in prison and a $50,000 fine.
- First-Degree Rape of a Child – The victim is under 12 years old, and the offender is at least 24 months older. A conviction is a Class A felony punishable by up to life in prison and a $50,000 fine.
Even though the age of consent in Washington is 16 years old, the relationship between the parties could impact charges. A person in authority over a minor, such as a teacher, foster parent, or coach, could be charged with a sex crime if they have consensual sex with a 16 or 17-year-old. The fact that they were in a position of authority is an aggravating factor.
Washington does have a Romeo and Juliet Law that applies to minors having sexual activity with each other. It applies to consensual sex between young people close in age. However, it does not apply if one of the young people is above the age of consent and the other is below the age of consent.
Schedule a Consultation With a Seattle Criminal Defense Attorney
A conviction for sex crimes involving a minor can result in severe penalties and lifelong social stigma. Schedule a consult with Jennifer to discuss your case with a Seattle criminal defense attorney. The best way to protect your rights is by working with a lawyer to fight the charges aggressively.