Challenging False Allegations in Lynnwood
More Than 20,000 Cases Handled and Over 100 5-Star Reviews
At The Law Offices of Lance Fryrear, we have handled more than 20,000 cases as an Avvo 10.0-rated law firm. We have over 100 5-star reviews on Avvo and Google, and clients have continually trusted us to defend them in court. If you have been falsely accused of a sex crime in Lynnwood, we can build a strong defense against the prosecution, whether by pursuing a defense based on consent, the “Romeo and Juliet” exception, insanity, belief of age, or duress.
Consent
One defense tactic to challenge a false allegation of a sex crime is proving that the sexual acts or intercourse were consensual. After all, lack of consent is a critical element of a charge, so if a defendant can prove that the act was actually consensual, the prosecution lacks grounds for an allegation. Be aware that consent is not an acceptable defense for cases of statutory sexual assault or in cases that involve an incapacitated victim or consent obtained by force or deception.
In situations when the perpetrator is a health care provider, the alleged victim is a patient, and the sexual intercourse occurs during a treatment session or consultation, it is an affirmative defense to second degree rape that the patient consented to the sexual intercourse with the knowledge that the sexual intercourse was not for the purpose of treatment (RCW 9A.44.050(d)). However, the defendant must prove this by a preponderance of the evidence.
The “Romeo and Juliet” Exception
In cases of statutory rape, a person may defend against accusations of sexual intercourse with a minor by pursuing the “Romeo and Juliet” exception. The purpose of this rule is primarily to prevent unfair criminal charges against teenagers who have consensual sex with those close to their own age. Washington recognizes the “Romeo and Juliet” exception in cases of consensual sex between:
- a minor younger than 12 years old and another minor who is not more than 2 years older (3 years older for sexual contact without penetration);
- a minor who is 12 or 13 years old and another minor who is not more than 3 years older (4 years for sexual contact without penetration); or
- a minor who is 14 or 15 years old who has sex or sexual contact with someone who is 4 or fewer years older than that minor.
Insanity
Insanity is another possible defense against sexual allegations. It is a valid defense if the defendant can prove that they were legally incapable of knowing that their actions were wrong at the time of the alleged crime, because this may show they did not act with intent to cause harm.
According to RCW 9A.12.010, to establish a defense of insanity, it must be shown by a preponderance of the evidence that:
- at the time of the offense, as a result of mental disease or defect, the mind of the offender was affected to such an extent that:
- (a) they were unable to perceive the nature and quality of the act with which they have been charged; or
- (b) they were unable to tell right from wrong with reference to the particular act charged.
