What do “age of consent” laws actually mean?
The "age of consent" is a legal term that refers to a present ability to consent to being sexually active. The United States Supreme Court ("USSC") has defined general consent regarding sexual interaction and relations as occurring when an individual, who is of age, engages in and agrees to sexual activity voluntarily. In USSC case law, "consent" has been defined as a present permission for future actions as it relates to decisions about sexual activity and intercourse.
Sexual activity and intercourse between minor children can carry significant legal implications under Washington State law, including with respect to criminal consequences and liability for statutory rape . Washington law also provides for significant civil consequences, including the potential for exhaustive civil discovery, publicity, licensed collections, and loss of reputation for an individual charged.
The age of consent for sexual activity in Washington State is 16 years old, and applies to individuals of any gender and sexual orientation, so long as the individual engaging in sexual conduct is at least 60 months younger than the individual who is 16 years old or older.
Individuals who are 16 years old or older do not have any restrictions on the ability to engage in sexual conduct, as long as neither person is mentally or developmentally challenged or a party in a relationship involving authority.
What is the current age of consent in Washington State?
Laws governing sexual contact, especially regarding minors, vary widely from one jurisdiction to the next. In Washington State, and federally, the age of consent at which an individual can enter into consensual sexual relations is currently 16 years old. This means that, as long as both parties are at least 16 years of age and fully capable of consent, sexual contact between them in Washington is considered legal.
Washington State explicitly states the legal age of consent in the Revised Code of Washington (RCW) 9A.44.020, defining it clearly: "(1) It is a gross misdemeanor for a person to have sexual intercourse with another who is less than sixteen years old."
That said, the law does recognize certain exemptions for individuals within three years of age of each other. For example, if a 15-year-old were to engage in sexual relations with a 17-year-old, the age of consent would not be violated due to those exemptions within three years of age. When comparing the age of consent in Washington State to other states, it is clear the laws are decidedly more relaxed than those found in other places across the country. The most common ages of consent from state to state across the U.S. is 16. Only Alaska, California, New Jersey and Pennsylvania have a lower age of consent than Washington, with most states ranging from 17 to 18.
Exceptions to the Washington age of consent laws
A close-in-age provision, also known as a "Romeo and Juliet" exemption, allows for consensual sexual intercourse between an adult and a minor who are close in age. Washington’s close-in-age provision, located at RCW 9A.44.093, allows for consensual sexual conduct between an individual at least 16 years old and a minor who is between the ages of 13 through 15. Further, an individual at least 18 years old who voluntarily has sex with a minor is guilty of a gross misdemeanor, instead of a felony, if the minor was not in a familial or custodial relationship with the adult at the time of the offence and there are not more than 36 months separating the minor and the adult. (An example: A 22-year-old having sex with a 17-year-old will not be prosecuted under Washington’s provisions.) The law also does not apply where a person is 60 years or older.
A person must be at least 18 years of age to be charged with unlawful sexual intercourse in the second degree. The provision only applies to unlawful sexual contact crimes – first degree child molestation, second degree child molestation and indecent liberties – not unlawful sexual intercourse crimes. When an individual is accused of sex with a minor, prosecutors are only allowed to consider this close-in-age provision when the adult is between the ages of 18 and 21 years old.
This provision does not mean that a minor is legally allowed to have sex with a person younger than 18 and older than 21. The minor can still be charged with a crime with their partner. However, only the adult can enter into the age of consent law.
The following are crimes included under Washington statute that could fall under the close-in-age provision: Parents must address the sexual relationships their children are having with older individuals. Even if a close-in-age provision exists in Washington, a minor can still be charged with a crime if he or she is having sex with an older person.
Restrictions and punishments for breaking the age of consent laws
The legal consequences of violating the age of consent in Washington State can be severe. In this state, the age of consent is 16. This means that anyone who is 16 years of age or older may lawfully consent to sexual activity with someone who is also at least 16 years old. If however a person engages in sexual contact with someone 15 years old or younger, this could be considered statutory rape. Any persons under the age of 12 cannot consent to sexual activity of any kind.
The Washington State penal code outlines all statutory rape laws and penalties clearly. In Washington State there are five degrees of rape and each degree of rape carries its own potential penalty and sentencing. The penalties for first-degree statutory rape, the most serious, include 60 months of imprisonment, 60 months of community custody, and a fine up to $50,000. For second-degree statutory rape that means 30 months of imprisonment, 36 months of community custody, and a fine up to $25,000. For third-degree statutory rape that means 12 months of supervision, 12 months of community custody, and a fine of up to $5,000. All persons convicted of statutory rape also must register as sex offenders and complete sexual deviancy treatment and counseling.
Washington State has a "Romeo and Juliet" law, which means that if the two people involved in the sexual activity were no more than 3 years apart in age, then there is no legal repercussion for engaging in the acts. However, if an adult was charged with statutory rape and the minor was within 3 years of the adult’s age, then the law states that sexual deviancy therapy may be a condition of the sex offender’s court mandated probation, but that conviction of the charge will not be required in order for sentencing to occur.
In Washington State, there are three legal defenses to statutory rape, and those include the age of the defendant, the accused victim’s motives in having sexual contact with the defendant, and mistake of fact as to the victim’s age.
Role of parents or guardians
Parents and guardians have certain responsibilities when it comes to providing consent. As mentioned above, the law recognizes that young women may need medical treatment without fear of parental notification. However, the law does not entirely remove parents or guardians from the picture when it comes to their dependents. A surprising amount of discretion and responsibility resides with parents and guardians when it comes to sexually active minors.
First and foremost, parents and guardians are legally responsible for any negligent or careless behavior of their minor children, including an STD or unexpected pregnancy.
Second , parents and legal guardians in Washington State have the right to access their child’s medical records to make informed decisions for their well-being. However, parents or guardians cannot force a child to submit to a medical examination or treatment.
Third, parents and legal guardians should provide sex education for their children so that they know their rights when it comes to consent and care. Although Washington schools are required to offer sexual and reproductive health education, it is usually at the high school level, which means many of today’s students are not receiving sexual health education at all. Having informed parents (or guardians) can help fill the gaps so that minors can receive appropriate medical care.
Social and personal ramifications
The age of consent law in Washington State does not just exist in a legal vacuum. It impacts the social behaviors and personal relationships of citizens. For instance, if a high school senior who is 18 years old begins dating a 16-year-old and proceeds to have a sexual relationship, the legal concerns are relatively minimal. However, once the younger participant becomes 18 years old the picture changes dramatically. At that point, the student who is now 18 can report an earlier incident of sexual conduct as a crime, while the older party cannot be charged even if they had violated the law at an earlier date. This clearly poses serious issues for relationships that may have started while the participants were below the age of consent. While offering protection to those below the age of consent, the laws can also greatly complicate things for those who are over that age threshold. Indeed, a significant number of sexual crimes can take place between people in their late teens or early twenties. Consent laws within that age range can make it more difficult to have social relationships and move forward with normal activities, given the potential for serious legal ramifications.
Getting legal help
If you have concerns about the implications of a potential or real situation involving age of consent laws and you wish to know more about what legal routes are open to you, consider hiring a private attorney. Lawyers can provide specific and relevant advice that reflects an individual’s unique circumstances. As you do with any professional service , shop around and ensure that you are comfortable with the lawyer you hire. Take time to prepare for your first meeting by making out questions to ask and documents to review.
Another option is to contact the The Washington State Bar Association’s Lawyer Referral Service. They can refer you to an attorney who can meet with you for 30 minutes for a nominal fee. Specific family law attorneys may be able to assist you.