Washington Rape and Sexual Assault Laws

Chapter 9a.44 RCW, et seq.

Rape: First Degree

Engages in forcible sexual intercourse without the victim’s consent, where the perpetrator:

• Uses or threatens a weapon; or
• Kidnaps the victim; or
• Inflicts serious physical injury; or
• Enters into a building/ car where the victim is located.

Rape, Second Degree

Engaging in forcible sexual intercourse without the victim’s consent, where:

• The perpetrator uses forcible compulsion;
• The victim is incapable of consent because he or she is physically helpless, mentally incapacitated or developmentally disabled.

Rape, Third Degree

Engaging in forcible sexual intercourse without the victim’s consent, where:

• The victim’s lack of consent was expressed by words or conduct; or
• The perpetrator threatens substantial harm to victim’s property.

Indecent Liberties

Engaging in forcible sexual contact without the victim’s consent, where:

• The perpetrator uses forcible compulsion;
• The victim is incapable of consent because he or she is physically helpless, mentally incapacitated or developmentally disabled.

Rape, First and Second Degree: Class A felony punishable by up to life in prison and/or a $50,000 fine.

Rape, Third Degree: Class C felony, punishable by 5 (five) years in prison and/or a $10,000 fine.

Indecent Liberties: See Class A felony punishment above.

Penetration (anal, oral or vaginal) by a penis, tongue, finger, or an inanimate object, however slight

Any touching of the sexual or other intimate parts of a person done for the purpose of gratifying sexual desire of either party or a third party.

Sex offenders must, by law, register in the Sex Offender Registry. Sex offenders who intentionally do not comply with the mandatory registration requirements by failing to register or providing false information face serious consequences, including returning to prison or jail.