Washington law carves out three different degrees of rape. These are rape in the first degree, rape in the second degree, and rape in the third degree. Third degree rape involves non-consensual sex and a threat of harm to the “victim’s” property rights. Rape in the third degree is a serious felony (as opposed to a misdemeanor) that can lead to a maximum prison term of five years. Please contact a skilled criminal defense attorney now if you were charged with any type of sex crime.
How Does Washington Law Define Third Degree Rape?
RCW 9A.44.060 is the Washington statute that sets forth the crime of rape in the third degree. A person is guilty of this offense if:
- They engage in non-consensual sex with the “victim,” and
- There is a threat of substantial unlawful harm to the “victim’s” property rights.
Please note that “consent” means that at the time of the act of sexual intercourse or sexual contact there were actual words or conduct by the “victim” that indicated or communicated an agreement to have sexual intercourse or sexual contact.
Also note that “property rights” are the rights of a person to possess, use, and dispose of property.
What are the Penalties?
Rape in the third degree is a Class C felony under Washington law. The crime is punishable by:
- Custody in state prison for up to five years, and
- A maximum fine of $10,000.
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 “victim” consented to sex.
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 third 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!
