Washington rape DEFENSE LAWYER
Have you been charged with Rape? Do not face this charge alone! Let WEBER LAW help you today!
Rape is one of the most serious crimes a person can be charged with, not only in Washington, but around the world. Specifically, in Washington, being found guilty of rape can come a lengthy imprisonment, and a stigma that will follow you for life. There are different aspects to the crime of rape, all of which come with serious penalties. Do not face these charges alone. Do not face the court room alone. Let Weber Law help you today!
Washington Rape Charges and Penalties
What is Rape?
In Washington, there are different degrees of rape.
A person is guilty of rape in the first degree when they engage in sexual intercourse with another person by forcible compulsion, and where the perpetrator or an accessory to the crime (a) uses or threatens to use a deadly weapon or what appears to be a deadly weapon; or (b) kidnaps the victim; or (c) inflicts serious physical injury, including but not limited to physical injury which renders the victim unconscious; or (d) feloniously enters into the building or vehicle where the victim is situated.
A person is guilty of rape in the second degree when they engage in sexual intercourse with another person that does not constitute rape in the first degree including acts such as (a) by forcible compulsion; (b) when the victim is incapable of consent by reason of being physical helpless, or mentally incapacitated; (c) when the victim is a person with a developmental disability and the perpetrator has supervisory authority over the victim, or was providing transportation to the victim within the course of his or her employment; (d) when the perpetrator is a health care provider and the victim is a client or patient, and the sexual intercourse occurs during a treatment session, consultation, interview or examination; (e) the victim is a resident of a facility for persons with a mental disorder or chemical dependency and the perpetrator has a supervisory authority over the victim; or (d) the victim is a frail elder or vulnerable adult, and the perpetrator was providing transportation to the victim, within the course of his or her employment, at the time of the offense.
A person is guilty of rape in the third degree when, under circumstances not constituting rape in the first or second degrees, such person engages in sexual intercourse with another person (a) where the victim does not consent to sexual intercourse with the perpetrator; or where there is a threat of substantial unlawful harm to property rights of the victim.
Sexual intercourse includes not only the ordinary meaning, but also means any penetration of the vagina or anus, however slight, by an object, when committed on one person by the other.
It is easy to get confused as to what rape is, as there are so many aspects to the statute, and that is why it is so important to seek legal counsel.
What is Consent?
Consent is defined by having freely agreed either by actual words or conduct at the time of the act of sexual intercourse or sexual contact to have sexual intercourse of sexual contact.
Did the person feel threatened that they could not say no? Did the person say yes but then push the perpetrator away? These are all questions of consent, which is why an allegation of rape can be so complicated.
What is the Punishment?
Rape in the first degree is a class A felony but has special stipulations. A person convicted of first-degree rape cannot be granted a deferred or suspended sentence except for the purpose of commitment to an inpatient treatment facility. Additionally, a person guilty of first-degree rape must be imprisoned for at least three years.
Rape in the second degree is a class A felony and is punishable for up to life imprisonment, a fine of $50,000.00, or both.
Rape in the third degree is a class C felony and is punishable by imprisonment for up to five years, a fine of up to $10,000.00, or both.
Any person whether or not that person has a fixed residence, of who is a student, is employed, or works in the State of Washington who is found guilt of committing any sex offense, must register as a sex offender.
Even as a Defendant of a Crime, you still have Rights! Make sure yours were not violated!
Even as an individual facing criminal charges, you have rights. It is important to know those rights and make sure that they were not violated in any way when you were arrested or charged. Without extensive knowledge of your rights when it comes to police searches, Miranda rights, and your rights when it comes to arrest, it is extremely difficult to get a dismissal or reduction of your charges. Do not try and fight these charges on your own, Weber Law is ready to help you today.
Contact Weber Law immediately if you’ve been arrested on a rape charge. We offer a free confidential case evaluation – serving Seattle and the surrounding areas.
How can WEBER LAW help you?
It can be scary and nerve wracking to have criminal charges on your record, but it has an added severity when a decade in prison, and the stigma of being a convicted rapist, is the outcome. The court system can be intimidating, and without good legal help, the consequences can be devastating. Our experienced team is comfortable looking at evidence, negotiating potential plea agreements, and defending you in court. There are ways to fight the allegation of rape. Weber Law will look at all the evidence available, including but not limited to, speaking to potential witnesses, the circumstances surrounding the allegation, and even your criminal record. Weber Law will work to lower your charge or sentence. We will fight for you to keep your record clean. Rape, no matter the circumstances, is not a charge that you want to fight alone. Let our team of experienced attorneys help you navigate the criminal justice system. If you or someone you know has been charged with rape in the State of Washington, contact Weber Law for a consultation today.
WA ST § 9A.44.040, Rape in the first degree
WA ST § 9A.44.045, First degree rape—penalties
WA ST § 9A.44.130, Registration of sex offenders and kidnapping offenders –Procedures—Definitions—Penalties
WA ST § 9A.44.060, Rape in the third degree
WA ST § 9A.44.050, Rape in the second degree.
WA ST § 9A.44.010, Definitions
A Seattle, Washington Criminal Defense Attorney Can Help You
Weber Law will aggressively fight for your rights. Contact us today!
We believe that justice is an idea that can triumph only when living people make it so. We are dedicated to justice. We wish to run a business that is at once profitable while allowing us to promote the rights of our fellow community members. We will stand for the poor when they are in need and their cause is just. We will work for any responsible business. We will represent all races, creeds, religions, sexes, sexual orientations, and backgrounds.
810 3rd Avenue Suite 120, Seattle, WA 98104