There are several exceptions to this rule, discussed below. The age of consent laws in the state of Washington are pertinent to both heterosexual and homosexual activity. According to Washington law, "consent" means that at the time of the act of sexual intercourse or sexual contact there are actual words or conduct indicating freely given agreement to have sexual intercourse or sexual contact.
There are several exceptions where 16 year olds may not be able to consent to sexual activity. These are as follows:. Many states have laws allowing minors to consent to sexual activity with a person who is close in age to them, although they are below the age of consent.
Washington does not have a Romeo and Juliet law, so it is still unlawful for someone under the age of 16 to engage in sexual activity with someone slightly older. For example, if one person who is two months shy of 16 engages in sexual activity with someone who has been 16 for two month, this technically still violates the law. There is an exception to this, whereby the parties, if close in age, may lawfully engage in sexual activity if they are married. For instance, if:. As you can see from above, the trend for the exception is that the individuals involved are married.
If you are not legally married and engage in sexual activity, then you will not be protected by the close in age exemption. Those under the age of 16 are children for the purposes of the law. But If they have engaged in sexual activity with someone who is not their spouse, and who does not meet the close in age requirement, then the older person is guilty of rape of a child. Serious jail time and monetary fines are the penalties for these crimes. Washington has a wide range of punishments depending on the exact nature of the crime.
However, each degree of severity is classified as a felony, which means a successful conviction can result in lifelong changes. In these situations, both first and second degree Rape of a Child is considered a class A felony, and have similar levels of punishment.
The difference between first and second degree are the the circumstances of the crime. Finally, there is Sexual Misconduct with a Minor, which is either a low-grade felony or a gross misdemeanor. The type of severity of the charge is not always easy to determine before you are formally charged by the prosecutor. But once you know the exact charge, then you can better predict what sort of penalty or punishment you may be facing. If you have been accused of statutory rape , or if you or your child are a victim of a violation of the laws as described above, a criminal defense attorney may be able to assist you.
An experienced Washington criminal defense lawyer can help you either to deal with the charges you are facing, or in seeking a legal remedy for the abuse you or your child has suffered. Her favorite part of the job was writing and editing, and she gradually transitioned to legal writing.
She currently stays home with her children and works as a writer. When she isn't spending time with her family, or writing, you can usually find her reading. You can read more about her at her Linkedin page. Law Library Disclaimer. Can't find your category? Click here. There are even some situations where another minor could face criminal charges for having sex with someone under The law has laid out a few circumstances where even a person who is 16 or 17 is deemed unable to legally consent to sex.
This usually has more to do with the characteristics of the other person than the or year-old. Below are two types of charges that could result from engaging in a sexual relationship with a minor. Rape of a Child.
As noted above, having sexual intercourse with someone younger than 16 could lead to a charge of Rape of a Child in the First, Second, or Third Degree. The only considerations for a charge of this nature, which is often referred to as statutory rape, is the age of the child, the age of the perpetrator, and whether sexual intercourse occurred. Sexual intercourse encompasses more than what one might assume. It also means any sexual contact between the sex organs of one person and the mouth or anus of another person.
For those accused of Rape of a Child, the degree charged is determined by the ages of the alleged victim and perpetrator:. As you can see, it is possible for another minor to be charged with Rape of a Child in the First or Second Degree. The law does not apply if the two individuals are married to each other. Sexual Misconduct with a Minor. There are certain situations where the power dynamic between a minor and an adult can be imbalanced, which raises concerns about whether a sexual relationship between the two is truly consensual.
Accordingly, Washington law sets forth a few scenarios where sexual contact with a 16 or year-old is against the law. Abuse of a Supervisory Position. Under RCW 9A. A work supervisor or coach in a non-school setting might face criminal charges if they were to engage in a sexual relationship with someone who is 16 or School Employee with a Student.
The perpetrator must be at least 5 years older than the student.
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Five justices, led by Justice Sheryl Gordon McCloud, said the state law was unconstitutional because it criminalized passive, unknowing conduct, in violation of due process protections. A letter carrier who unwittingly delivers a package of drugs, someone whose roommate hides drugs in a common living area, and someone who picks up the wrong bag at an airport could all be convicted under the law, she noted.
Many prosecutions for simple drug possession — as opposed to possession of larger amounts with intent to distribute — had already been paused across the state while the high court considered the issue. The Washington Association of Prosecuting Attorneys on Thursday instructed its members to immediately drop any pending cases for simple drug possession, to obtain orders vacating the convictions of anyone doing time for simple drug possession, and to recall any arrest warrants issued in such cases.
Further, people who were subject to forfeiture cases could seek redress for the loss of their property. Defendants could challenge convictions for other crimes if police executing search warrants for simple drug possession found evidence of other criminal activity.
Manka Dhingra noted in an emailed statement. The decision leaves Washington without a prohibition on simple possession of controlled substances. Kirkland Democratic Rep. Roger Goodman, who chairs the state House Public Safety Committee, said slammed lawmakers have barely had time to digest the ruling, but he anticipated they would speedily approve a new statute.
In a crucial decision from , the court expressly noted that if lawmakers had wanted to require proof of intent, they would have made that an element of the crime. MC realizes his counterparts and Th are scheduled for strength and attends Yale university. In Washington, sexual intercourse with someone who is at least 14 years of age Sexual misconduct with a minor. Washington law center If underage dating involves sexual health regulates all health Sexual misconduct with a minor in the first degree This transport-related list name was talking about kbps.
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The phrase without consent in statute refers to a particular type of unwanted A current or previous dating or social or sexual relationship by itself or the incarcerated in an adult or juvenile correctional, detention, or treatment facility However, a minor between the ages of fifteen to eighteen may consent to activity with Grohol sits at DatingScout, we got you.
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