Facing Serious Charges? You Need Our Trusted Criminal Defense Team.

Sex Crime Defense Attorneys In Washington State

Mounting a successful defense to allegations of sex offenses requires an experienced attorney. For more than 20 years, Vindicate Criminal Law Group have provided stellar defense in cases requiring any criminal defense legal service. We are dedicated Washington sex crimes lawyers who defend the rights of individuals throughout western Washington. Don’t hesitate to call our 24-hour hotline at 855-898-2542 for a confidential consultation.

What Is A Sex Crime?

Sex crimes refer to a variety of illegal conduct, from exhibitionism and sexually explicit threats, to child pornography, and rape. These types of crimes require an intentional act, such as the use of threat or force, to engage another in unwanted sexual conduct. In addition to rape, these crimes include other types of sexual misconduct, even if they do not involve violence or intercourse. Sexual assault, for example, is a common charge covering anything from violent attacks and attempted rape to unwanted contact and threats. Sexual assault generally requires physical touching or contact with a body part without the victim’s consent. Examples of other sex crimes include:

Rape: Forcing another person to engage in sexual intercourse without their consent.
Statutory rape: Having sexual intercourse with an individual who is under the age of consent.
Voyeurism: Watching, recording or photographing an individual for sexual purposes without their knowledge.
Child molestation: The act of engaging in inappropriate contact with a child.
Indecent liberties: Performing sexual behaviors with a person whom you have an advantage or authority over.
Child pornography: Creating, distributing or being in possession of sexual materials involving children.
Sexual exploitation of a minor: Taking photographs or conducting live performances of children performing sexual acts.
Solicitation and prostitution: Agreeing to have intercourse with another individual for compensation or paying someone for sexual gratification.
Sexual misconduct/lewd acts: Inappropriately making contact with someone or exposing oneself in public.
Aggravated sexual assault: Forcing someone into performing sexual behavior with the use of violence or threats.
Custodial sexual misconduct: Any sexual activity between a law enforcement officer or employee and a person in their custody.
Registered sex offenders: Sex offenders are required to register as such in Washington after a sex crime conviction. We can assist convicted clients and help them understand their rights.

Facing any of these charges can be overwhelming. Our Washington sex crimes attorneys understand this and can offer the representation you need to minimize your charges or prove you are not guilty.

Sex Crimes Under Washington Law

All related offenses are set forth in the Revised Code of Washington. Child molestation requires the perpetrator to “knowingly cause” sexual contact with a person under 18. Sexual misconduct with a minor includes conduct involving abuse of a significant relationship or supervisory position with respect to the victim, contact between enrolled students and school employees, and abuse by foster parents. Indecent liberties refer to forced sexual contact with victims who, because of their age, disability, or incapacity, are unable to provide consent. These types of offenses are easy to charge but hard to defend. Washington law does not require corroboration of the alleged victim’s testimony: it is one person’s word against another. Thus, a winning defense often requires the exclusion of hearsay evidence and undermining the victim’s credibility.

Use Of The Term “Sexual Assault” In Washington Law

The term “sexual assault” appears in several places in Washington’s Revised Code, most notably the Sexual Assault Protection Order Act (SAPOA) in Title 7 and the Victims of Sexual Assault Act (VSAA) in Title 70. These laws use the term to refer to a range of alleged acts. Specific sex offenses, such as the offense of “indecent liberties,” may also be referred to as “sexual assault” in some situations.

Sexual Assault Protection Orders

An alleged victim of sexual assault who does not qualify for a protective order under Washington’s Domestic Relations Code may petition for a “sexual assault protection order” under the SAPOA. An ex parte protective order is available with no notice to the alleged assailant upon showing good cause to a judge by a preponderance of evidence. The court must hold a hearing within fourteen days, with notice to the defendant. The petitioner is not subject to the same burden of proof as the state would be in a criminal proceeding. Any order granted by the court under the SAPOA must clearly identify the restraints on the defendant and must notify the defendant that any violation of the protective order is a criminal offense.

What Sort Of Conduct Could Be Considered A Sex Offense?

The category of “sex offense” under Washington law covers a wide range of offenses, but most involve sexual intercourse or sexual contact in some form. “Sexual intercourse” has its generally accepted meaning in Washington’s criminal statutes, but it may also include other forms of penetration by genitals or a foreign object, regardless of the gender of the people involved.

“Sexual contact” refers to any other touching of a person’s “sexual or other intimate parts” by another person, specifically for the purpose of causing someone’s sexual gratification. The alleged sexual gratification could be of either person or someone else.

What Does Lack Of Consent Mean Under Sex Offense Laws?

Lack of consent is a key element of many Washington sex offenses. This often refers to an alleged victim’s stated lack of consent, either through words or actions, but it can also include an alleged victim who cannot legally consent due to mental or developmental disability, intoxicated or other impaired state or age. The use or threat of force or injury is a common component of a charge of rape or sexual assault. It is not necessary to prove the actual use of force or actual injury to an alleged victim, but rather that a defendant proceeded to engage in the conduct without consent.

The issue of capacity comes up when an alleged victim is below the “age of consent.” In Washington, this age varies depending on the relative age of the defendant. An alleged victim’s capacity is an issue in cases where a defendant is in certain positions of authority that would affect the ability to give informed consent, such as a doctor-patient relationship. In many cases, a person with developmental or mental disabilities or a person impaired by alcohol may legally lack the ability to give consent.

Sexual Abuse Of Children And Adults

Sexual abuse refers to the persuasion or coercion of any person to engage in unwanted sexual conduct. While many adults continue to be victims of sexual abuse, either through domestic violence or abusive relationships, the majority of sex abuse cases focus on children. Mental health professionals and child welfare advocates insist that sexual abuse usually begins at an early age and persists in repeating itself through a cycle of violence. The legal definition of sexual abuse includes a wide variety of conduct involving the use, inducement, or even the assistance of another person to engage in sexually explicit conduct. The simulation or production of any visual depiction of such conduct also qualifies.

Sexual Abuse Charges Based On Lies And Coercion

Many high-profile cases reveal the predatory and prejudicial nature of securing sexual abuse convictions. Recently, a star high school quarterback was released after serving a 10-year sentence when his accuser admitted she had lied. This young man is one of the many innocent people accused of a heinous crime out of confusion, coercion or revenge. Victims often misidentify the perpetrator and feel pressured to stick with their choice, even if it means sending the wrong person to jail.

Estranged spouses and significant others sometimes use the charge as a means to punish their partners or to gain leverage in the relationship. Parents and police may also coerce children into making baseless accusations, many of which are beyond the child’s capacity to understand. The use of suggestive questioning and “recovered memory” often results in fabricated confessions that are taken as truth. Although based on lies and third-party coercion, erroneous sexual abuse convictions have nevertheless ruined the lives of innocent people.

Prosecution Of Alleged Sex Crimes

Defendants may defend against accusations of sex crimes by challenging the prosecution’s evidence, and state law allows specific but limited opportunities to counter the prosecution’s evidence of lack of consent. These defenses involve the defendant’s reasonable beliefs at the time of the alleged offense, and they depend almost entirely on communication between the defendant and the alleged victim. This is where a careful review of the prosecution’s evidence, particularly the statements they seek to introduce, is critical to a successful defense.

Capacity To Consent

Certain sex offenses, as defined by state law, involve a lack of consent based on an alleged victim’s physical inability to consent to sexual activity, based on mental disability, incapacity, or physical helplessness. State law allows a defendant in such a case to present evidence that, at the time of the alleged offense, the defendant reasonably believed that the alleged victim was not incapacitated or helpless.

Age Of The Alleged Victim

State law defines some sex crimes based on the age of the alleged victim. Individuals under a certain age, by law, cannot consent to sexual activity. This is commonly known as the “age of consent.” Washington’s criminal code explicitly states that it is not a defense to prosecution for such an offense that the defendant either believed the alleged victim was older or did not know the alleged victim’s age, but it allows very narrowly defined exceptions to that rule. The criminal code allows defenses to three specific offenses based on the alleged victim’s declarations regarding age: rape of a child, sexual misconduct with a minor, or child molestation.

The defendant may present evidence of a reasonable belief about the alleged victim’s age based specifically on the alleged victim’s statements to the defendant. The reasonable belief may pertain to the alleged victim’s age or the difference in ages between the alleged victim and the defendant. For example, a defendant may defend against a charge of rape of a child in the first degree by presenting evidence that the alleged victim declared him or herself to be at least twelve years old or less than twenty-four months younger than the defendant. For the offense of sexual misconduct with a minor in the first degree, a defendant may present evidence that the alleged victim declared an age of eighteen years or older, or an age within sixty months of the defendant’s age.

What Defenses Are Available?

Defending against a sex offense charge involves challenging the evidence presented by the prosecution and presenting evidence in support of the defendant, just like in other types of criminal cases. This may include challenging the allegation that sexual conduct occurred, or that it occurred in the manner described by the prosecution.

Washington law allows specific defenses to certain charges. In cases where the alleged victim’s lack of mental capacity or physical inability to resist is the key element of the prosecution, a defendant may present proof by a preponderance of the evidence that, when the offense allegedly occurred, the defendant had a reasonable belief that the alleged victim was not impaired. In cases where the alleged victim’s age is a factor, it is explicitly not a defense that the defendant believed the alleged victim to be older, except if the defendant shows, by a preponderance of the evidence, a reasonable belief that the alleged victim was within a specified age range of the defendant. This age range depends on the alleged offense.

Will I Have To Register As A Sex Offender?

The duty to register with the state as a sex offender is automatic for most sex offenses in Washington upon conviction, although judges have some discretion to limit or rescind the obligation. Defendants found not guilty by reason of insanity are also obligated to register. The length of registration could be for a specified term of years or an indefinite period. A defendant may petition for relief from the duty to register under certain circumstances.

Convictions Have Devastating Consequences

Washington law severely punishes people who are convicted. The Legislature has significantly increased prison time for sex offenders under revised sentencing guidelines. A “determinate plus” sentence requires the offender to serve the minimum sentence set by the court and then request release at the end of the term. Because most requests are rejected, defendants are actually sentenced to an “indeterminate” term that could mean life in prison. Washington law also requires that sex offenders register in a state database, which dramatically limits the defendant’s choice of residence and employment opportunities. In addition to imprisonment, the shame and stigma attached to a conviction can scar a person for life. Left undefended, even a baseless accusation can permanently damage an individual’s family, career, and reputation.

A Washington Sex Crimes Defense Lawyer Is Essential. Call Today!

If you have been charged with a sex crime, an experienced criminal defense attorney can help. For more than 20 years, we have protected the rights of people accused of committing sexual offenses throughout Washington. We have successfully defended numerous clients charged with rape and sexual misconduct, resulting in acquittals, the dismissal of criminal charges, and drastically minimized sentences. We can help you clear your name and move on with your life. Call 855-898-2542 today for a consultation or contact us online.