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Inthe age of consent was established to protect minors from explicit contact and sexual abuse in Washington state. This comprehensive article describes what the age of consent in Washington is, as well as the penalties for violating the law. Additionally, you will learn if there are any exceptions to the age of consent law in Washington. The age of consent is the minimum age in which an individual is legally old enough to consent to participate in sexual activities with a partner who is eighteen years or older.

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By Jessica Gillespie.

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In Washington, it is illegal for an adult someone 18 or older to have sex with a minor someone younger than 16even if the sex is consensual. The state also forbids certain sexual contact and intercourse between minors who are more than a certain of years apart in age. Those who break the law have committed statutory rape. Statutory rape laws are premised on the assumption that minors are incapable of giving informed consent to sexual activities.

The discussion

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 ageas 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.

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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.

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First degree rape of 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 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 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.

In washington, at what age can someone legally consent to sex?

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.

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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.

You and your family

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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Washington has a marital exemption for statutory rape, which allows married people to have consensual sex, even though their ages would prohibit it if they were not married. This defense is a remnant of the marital rape exemption.

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Minors are legally incapable of giving consent to having sex; so for example, if Jen, a year-old willingly has sex with Tony, her year-old boyfriend, Tony can be charged with rape, since Jen is not legally capable of giving consent in the first place. But if Jen and Tony are married and living in Washington, Tony need not fear criminal charges for having consensual sex with Jen. This is because Washington has a marital exemption to the state's statutory rape laws. However, if Tony were to rape Jen force her to have sex against her willhe would have no protection under the law even if the two are married.

Defendants accused Washington aged dating statutory rape often claim that they had no reason to know that their partner was underage. They may argue that the victim herself represented that she was older than she was, and that a reasonable person would have believed her.

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In Washington, unlike in most states, a reasonable mistake as to the victim's age can sometimes be a defense to a charge of statutory rape. If you are facing a statutory rape charge, consider consulting with an experienced criminal defense attorney who regularly practices in your area. The law can change at any time, and a lawyer can evaluate the strength of the prosecution's case against you and help develop any defenses that might apply to your case.

A lawyer can often negotiate with the prosecutor for a lesser charge or a reduction in penalties such as, for example, probation instead of prison time and will know how prosecutors and judges typically handle cases like yours. The information provided on this site is not legal advice, does not constitute a lawyer referral Washington aged dating, and no attorney-client or confidential relationship is or will be formed by use of the site. The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service.

Please reference the Terms of Use and the Supplemental Terms for specific information related to your state.

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Does washington have a romeo and juliet law?

Call us at 1 Issue: search. Washington Statutory Rape Laws. Statutes governing Washington's age of consent, associated criminal charges, available defenses, and penalties for conviction. Washington's Statutory Rape Laws and Penalties Statutory rape is prosecuted under Washington's rape and child molestation laws.

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Getting Legal Guidance The information in this article provides an overview of the law relating to statutory rape. If you are trying to determine the legality of any kind of conduct, make sure to consult an experienced criminal defense attorney.

The law is complex and changes regularly.

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Sex Offender Registration 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. Defenses to a Statutory Rape Charge in Washington 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. The "Romeo and Juliet" Exception 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.

Marriage Washington has a marital exemption for statutory rape, which allows married people to have consensual sex, even though their ages would prohibit it if they were not married. Mistake of Age Defendants accused of statutory rape often claim that they had no reason to know that their partner was underage. See Washington aged dating Lawyer If you are facing a statutory rape charge, consider consulting with an experienced criminal defense attorney who regularly practices in your area.

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