There are three different degrees of rape under Washington law. Rape in the first degree is considered the most severe offense of all three, but note that second degree rape is a Class A felony that can result in a life sentence. Please contact a skilled criminal defense attorney now if you are being charged with any type of sex crime.

How Does Washington Law Define Rape in the Second Degree?

RCW 9A.44.050 is the Washington statute that sets forth the crime of rape in the second degree. A person commits this offense if they engage in sexual intercourse with another person and:

  • Do so by forcible compulsion (or with force that places the “victim” in fear),
  • The “victim” was incapable of consent because they are physically helpless or mentally incapacitated,
  • The “victim” had a developmental disability and the perpetrator was a supervisor of the “victim,” or was providing transportation to the “victim” in the course of the “victim’s” employment,
  • The perpetrator was a health care provider, the “victim” was a client or patient, and the intercourse occurred during a treatment session,
  • The “victim” was a resident of a facility for persons with a mental disorder or substance use disorder and the perpetrator was a supervisory of the “victim,” or
  • The “victim” was a frail elder or vulnerable adult.

What are the Penalties?

Second degree rape is a Class A felony (as opposed to a misdemeanor) under Washington law. 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 you to show that you did not have “sexual intercourse” with the “victim.” You can also try and show that the facts of your case did not involve any of the circumstances listed above (but note that here, you could still be convicted of another form of rape).

Your criminal defense attorney can also try to show that the police:

  • Arrested you without probable cause,
  • Coerced a confession, or
  • Conducted an unlawful search and seizure.

If any of the above, your criminal defense lawyer can move to have your charges dropped or dismissed.

Contact Black & Askerov for Help

While a defendant can raise a legal defense to challenge a second 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!

* Main image at top by wirestock on Freepik