Lynnwood Statutory Rape Lawyers

20,000 Cases Handled by Avvo 10.0 Defenders

At The Law Offices of Lance Fryrear, we have over 100 5-star reviews on Avvo and Google, and we have a coveted 10.0 Avvo rating for our legal work. We have handled over 20,000 cases throughout our career, and we have developed a strong three-prong defense plan to guide our defense strategy for our Lynnwood clients. You can trust that we are equipped with the professional skill and knowledge to protect your rights and your future; in the face of statutory rape charges, enlist the help of an experienced and confident attorney who knows how to champion your defense.

Call (425) 224-7075 or contact us online to discuss your defense options in more detail.

What Are the Elements of Statutory Rape?

Washington law establishes that it is illegal for an adult (18 years or older) to have sex with a minor (younger than 16 years old), even if the sex is consensual. Those who violate this law are guilty of statutory rape. Statutory rape laws are based on the presumption that minors are incapable of giving informed consent to sexual activities, thus their incapacity is written into the statute. Be aware that the prosecutor is not required to prove an assault to bring forward a case of statutory rape. Anyone who has been convicted of statutory rape, as well as other sexual crimes, must register as sex offenders.

3 Degrees of Statutory Rape

There are 3 degrees of statutory rape classified under Washington law that depend on the age of the alleged victim and their difference in age with the defendant. As established under Wa. Rev. Code Ann. §§ 9A.20.21, 9A.44.010, and 9A.44.073 (2018), first degree rape of a child occurs when there is sexual intercourse (anal sex, oral sex, or sexual penetration with an object or body part) between a minor 11 years old or younger and a defendant who is 2 or more years older than the minor. This is a Class A felony punishable by up to life in prison and a fine of up to $50,000.

Second degree rape of a child, addressed under Wa. Rev. Code Ann. §§ 9A.20.21, 9A.44.010, and 9A.44.076 (2018), occurs when there is sexual intercourse between a minor who is 12 or 13 years old and a defendant who is at least 3 years older than them. This offense is also a Class A felony punishable again by up to life in prison and a fine of up to $50,000, or both.

Lastly, according to Wa. Rev. Code Ann. §§ 9A.20.21, 9A.44.010, and 9A.44.079 (2018), third degree rape of a child is when there is sexual intercourse between a minor who is 14 or 15 years old and a defendant who is at least 4 years older than the minor. This offense is a Class C felony punishable by up to 5 years in prison and a fine of up to $10,000.

Defense Options to Combat a Charge

There are a few ways an individuals charged unfairly with statutory rape may proceed with their defense. They could pursue the “Romeo and Juliet” exception, which was first implemented to prevent unfair criminal charges against teenagers who have consensual sex with those close to their own age. Washington in particular recognizes this 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. 

Washington also has a marital exemption for statutory rape, which allows married individuals to have consensual sex, even if their ages would prohibit it if they were not married. However, note that this does not protect against charges of marital rape; if a spouse forced their spouse to have sex against their will, there is no marital exemption.

In certain situations, a defendant accused of statutory rape may defend against a charge by claiming that they the alleged victim represented that they were older than they were, and a reasonable person would have believed them. As a result, it is possible that, because the defendant had no reason to know the other person was underage, they could defend against a statutory rape charge. This defense option is tough and not as strong as the above, however, so it is best to retain an experienced attorney for professional help. 

Contact The Law Offices of Lance Fryrear Today

If you’ve been charged with statutory rape in Lynnwood, contact an experienced statutory rape attorney immediately to get started on building your defense. Statutory rape is a serious crime in both the state and the country, and you do not want such a charge to follow you for the rest of your life wherever you go, especially if you are required to register as a sex offender in the public registry. Our attorneys at The Law Offices of Lance Fryrear have handled thousands of cases throughout our defense career and can put our experience to use as we strategize a creative defense for you against your charges.

Schedule an initial consultation with The Law Offices of Lance Fryrear online or at (425) 224-7075 to discuss your legal options today.