No, not all the time. Consent can be a defense to certain rape charges in Washington, but it doesn’t work as viable defense under every set of facts. In some situations, the law treats consent as invalid or irrelevant. Please contact a skilled criminal defense attorney now if you’re facing any type of sex crime.
How Does Washington Law Define Rape
Washington law sets forth three different degrees of rape. These include:
In most adult rape cases, the prosecution must prove that sexual intercourse occurred without the other person’s consent. If consent existed, the State may not be able to meet its burden of proof beyond a reasonable doubt.
However, not all cases turn solely on whether someone said “yes” or “no.”
When Consent Can Be a Defense
In many cases involving two adults, consent is the central issue. If the evidence shows the sexual encounter was voluntary and mutually agreed upon, that can defeat a rape charge.
These cases often focus heavily on credibility and context. Text messages, prior communications, social media interactions, and witness accounts may all become important on the issue of consent. Jurors are asked to decide whether the State has proven beyond a reasonable doubt that the encounter was non-consensual.
Because these cases frequently involve conflicting accounts, thorough investigation and careful cross-examination are often the key to the defense.
When Consent Is Not a Defense in Washington
There are important situations where consent doesn’t legally apply and will not work as a viable defense. These situations include the following:
Rape of a Child (Statutory Rape)
Under Washington law, “rape of a child” is proven solely by a prosecutor showing that sexual intercourse occurred and the “victim” was a minor of a certain age.
In these cases, the minor “victim” is considered legally incapable of consenting. Even if the minor agreed to the sexual activity, that consent is not a valid defense under the law.
Washington does recognize limited close-in-age exceptions in some circumstances, but those are narrow and highly fact-specific.
Incapacitation or Mental Inability
Consent is also invalid if a “victim” was physically helpless, unconscious, or mentally incapacitated. For example, if someone is so intoxicated that they cannot understand the nature of the act or can’t communicate meaningful agreement, the law may treat the act as non-consensual.
These cases often involve evidence about alcohol consumption, medical findings, surveillance footage, and witness observations. The key question is whether the person had the capacity to give knowing and voluntary consent.
Forcible Compulsion
Under RCW 9A.44.010, “forcible compulsion” includes physical force, threats, or intimidation that overcomes resistance. If the State proves forcible compulsion, a claimed expression of consent may not defeat a rape charge. This is especially true if threats or coercion were involved.
Abuse of Authority
In certain professional or custodial relationships, such as those involving teachers, corrections officers, or health care providers, consent may be legally invalid if the relationship involves abuse of power or authority. These cases depend heavily on the specific statute charged and the nature of the relationship.
The State’s Burden of Proof
Even when consent is raised as an issue, the defendant doesn’t have to prove that consent occurred. The burden always remains on the prosecution. The State must prove beyond a reasonable doubt that the sexual act was unlawful under the facts and the specific statute charged.
That burden can look different depending on whether the charge involves forcible compulsion, incapacity, or a minor under the age of consent.
Contact Black & Askerov for Help
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!
