Washington law has three different degrees of rape. The most serious is rape in the first degree, which is considered a Class A felony punishable by life in prison. Please contact a skilled criminal defense attorney now if you have been charged with any type of sex crime.
How Does Washington Law Define Rape in the First Degree?
RCW 9A.44.040 is the Washington statute that sets forth the crime of rape in the first degree. You generally commit this crime if you engage in sexual intercourse with another person by “forcible compulsion” and also do any of the following:
- Use or threaten to use what is (or appears to be) a deadly weapon,
- Kidnap the “victim,”
- Inflict serious physical injury, or
- Feloniously enter into a building or vehicle where the “victim” is located.
Note that “forcible compulsion” is where a person:
- Uses physical force to overcome resistance or a threat, and
- The force is of such a nature that it places a person in fear of death, physical injury to themselves or others, or that they will be kidnapped.
What are the Penalties?
Rape in the first degree is a Class A felony. The maximum sentence for the crime is:
- Life in prison, and
- A $50,000 fine.
In addition to the above penalties, a defendant guilty of rape must register in the Sex Offender Registry. Sex offenders that intentionally do not register, or that provide false information when registering, face even more penalties. These can include additional prison time.
Can a Defendant Raise a Legal Defense?
Yes. You have the right to challenge a rape charge with a legal defense. A common defense is for an accused to show that they did not use forcible compulsion in committing a crime. Note, though, that the person could still be guilty of a lesser form of rape.
Your criminal defense attorney can also try to show that the police somehow violated your rights. For example, maybe the authorities:
- Arrested you without probable cause,
- Coerced a confession, or
- Conducted an unlawful search or seizure.
If any of the above, then your defense lawyer can move to have your charges reduced or dropped altogether.
Contact Black & Askerov for Help
While a defendant can raise a legal defense to challenge a first-degree rape charge, it will take a skilled criminal defense attorney to raise the best defense. The experienced criminal defense attorneys at Black & Askerov have over 30 years of combined experience defending clients on various sex crime charges. Our Seattle criminal defense lawyers also have the skill and commitment that makes all the difference in these cases. Contact us now to get the legal help you deserve!
