What is Washington’s Age of Consent?
In Washington State, the Age of Consent is 16. The legal definition of the "age of consent" means the age at which an individual can legally consent to engage in sexual activities with another person. Once a minor reaches the age of consent, they cannot be charged with statutory rape—defined as sexual intercourse with a person under the age of 16—and are considered legally able to give consent. Washington law considers anyone below the age of 16 to be too young to consent, regardless of whether or not the minor actually provides consent (as most minors do).
In Washington, two exemptions apply to the statutory rape offense. If the age gap between the alleged victim and the perpetrator is less than 48 months, the statutory rape exemption exists. Under this exemption, no one may be charged with the statutory rape offense if the following four factors are true:
A second exemption exists when an individual is charged with sexual conduct with a minor in second degree, which is a Class C Felony carrying a maximum penalty of five years in a state prison and/or a fine of up to $10,000 .
Under RCW 9A.44.086, a person is guilty of sexual conduct with a minor in the second degree if the following three elements are true:
If convicted under this exemption, the defendant may be sentenced to the time of confinement authorized for a Class C Felony in addition to community service work for a period determined by the court not exceeding 150 hours for an adult and 30 hours for a juvenile if the following three elements are true:
Even with these exemptions, sexual conduct with a minor in the second degree is considered a sex offense that requires registration and does not allow for the expungement of criminal records; however, it is a lesser penalization than statutory rape-a Class A Felony with a maximum penalty of life imprisonment. As such, many defendants plead this offense over statutory rape.
Washington Laws Regarding Consent Defined
In Washington State, the age of consent is 16 years. This means that individuals who are at least 16 years of age can legally consent to sexual activity. However, the law does not end there. In fact, the consultation and application of the law in this context is more complex, as the actual provisions of statute and case law pertaining to these types of offenses cover a wide breadth of custodial situations, relationships, and "improper" motivations.
The Washington Revised Statutes (WRS) are the legislature’s codified general laws. Washington’s age of consent laws are codified under RCW 9A.44. The Uniform Controlled Substances Act is codified under RCW 69.50.
Under Washington’s Revised Code, consent is defined as:
"Consent" or "consent of the minor" means that at the time of the offense the minor, through words or conduct, indicates an affirmative, unambiguous, and conscious volitional, voluntary act indicating a desire to engage in sexual conduct. "Consent" to one type of sexual conduct is not consent to other types of sexual conduct.
The consensual sexual activity of a minor is protected by law through what are called "Romeo and Juliette laws." These laws are designed to shield from prosecution sexual Partners in Washington whose difference in age straddles the legal age of consent, i.e., 16 years of age, but do not constitute an imbalance of power, whereby that imbalance is something consistent with predatory sexual behavior.
These laws, however, have strict application. For example, Washington’s statutory sexual offense statutes might provide affirmative defenses for age differences, but they do not create affirmative defenses for sexual activity that involves individuals in positions of authority over the victims, such as the following:
Here’s a breakdown of the statutory sexual offenses in Washington.
Penalties
The legislature codified this broadly worded penalty schedule under RCW 9A.44. as complementary to RCWs 9A.44.041-9A.44.050.
Exemptions and Curiosities
Exceptions and special cases are set forth in RCW 9A.44.020. While the general consent law is 16, there are some special considerations that might apply to your situation. If the defendant, at the time of the alleged offense, was under the age of 19, or if the victim, at the time of the alleged offense, was 13, 14, or 15 years of age, then the consent must be "reasonably believed" to be given.
It is a valid defense to the crime of Sexual Misconduct with a Minor in the first degree that the defendant reasonably believed the victim to be 16 years or older. The belief must be reasonable and should not result from a failure to take reasonable steps to ascertain the age of the child.
Washington State law contains other sexual offenses that are not covered under the general age of consent law. While some of these involve minors as victims, others do not, meaning that age of consent laws do not apply.
Consequences of Breaking Washington’s Age of Consent Laws
Both sexual misconduct with a minor in the first and third degree are considered class C felonies. If found guilty of a class C felony such as sexual misconduct with a minor, you can face the following penalties: Sexual misconduct with a minor in the third degree (RCW 9A.44.089) is a class C felony and is a level 2 on the Snohomish County rankings system and a level 9 on the Washington State Sentencing Guidelines. A conviction will result in up to 5 years in prison, a $10,000 fine, and mandatory registration as a sex offender. Sexual misconduct with a minor in the first degree (RCW 9A.44.079) is a class C felony and is a level 4 on the Snohomish County rankings system and a level 8 on the Washington State Sentencing Guidelines. A conviction will result in up to 5 years in prison , a $10,000 fine, and mandatory registration as a sex offender. In some cases, a defense can be raised that can prevent a non-violent offender from serving their full sentence in jail. They can instead enter long-term addiction treatment or a rehabilitation program. In Washington State, this is called an Alternative to Prison Sentence. This alternative to a longer prison sentence is usually only granted to non-violent offenders for low-level offenses such as theft and drug crimes. The state of Washington has a very strict policy when it comes to sexual offenses, including sexual misconduct with a minor. The punishment will be severe in any circumstance. This is especially true due to the harsh way sex offenders are viewed in Washington State.
Age of Consent Law Highlights
One of the primary purposes of the law throughout the United States is to protect the health and safety of everyone who lives in a given state under its jurisdiction. In each state as well as at the federal level, laws regarding sexual consent assume physical and emotional vulnerabilities for anyone below the age of 18. Convictions for statutory rape, however, are most common among individuals between the ages of 17 and 19—the most common ages for sexual activity. In addition to protecting minors in this age group who are vulnerable to being taken advantage of by someone who is older, the law is also designed to protect those individuals who are of a mature age but who are not yet legally considered responsible citizens when it comes to making their own decisions—or at least decisions that the law will accept as mature and adult.
In Washington State, the age of consent is 16. In each of the 50 states, the age of consent may be either equal to, younger than, or older than the age of Washington State. How does Washington compare to other states in the union?
In California, the age of consent is 18. The age of consent is 17 in Alaska and Colorado. Alabama, Mississippi, Oklahoma, South Carolina, South Dakota and Tennessee have consent laws that range from 16 to 18, depending on the age of the minor involved. Other consent laws are surprising in that they are higher than those in Washington State. The highest is 18.
Connecticut, New Hampshire and Massachusetts have consent laws similar to that of Washington State.
Legal Advice and Resources
In addition to the Seattle location of Washington Coalition of Sexual Assault Programs (WCSAP), there are several organizations in the greater metropolitan area that provide legal resources and support for individuals seeking guidance on age of consent laws in Washington. For instance, the King County Prosecuting Attorney’s Office offers numerous resources and legal advocates that deal with matters pertaining to sexual assault: Agency advocates are available to offer impartial, unconditional support. Legal advocates at the Young Women’s Christian Association (YWCA) Seattle-King County-Snohomish (YWCA) can connect victims and survivors with information about legal rights and responsibilities, assists in reviewing legal documents, as well as provide support throughout the legal process . The YWCA provides a Sexual Violence Legal Clinic every Wednesday. The clinic provides legal assistance for survivors of sexual assault 16 years old and older. Legal advice and assistance may include, but is not limited to: • Obtaining a protection order • Preparing to meet with a prosecutor • Dating violence protection orders • Drafting a petition to the Court • Review of legal documents • Counselor on call • Assistance with Restitution from DCYFS (Division of Children Youth and Families) • Assistance with privacy issues (name change, name redaction) • Understanding your rights as a victim and survivor For more information, or if you would like to schedule a free thirty-minute Legal Clinic appointment, please call the YWCA during business hours.
