Washington Sexual Battery Laws

Sexual Battery in Washington refers to sex crimes not typically covered by rape statutes, such as unlawful sexual conduct. Sexual battery is often characterized as sexual touching or penetration without consent of the person. The mere touching of another person for the purpose of sexual gratification qualifies as sexual battery. Penetration does not have to occur, unlike a rape charge.

In Washington, sexual battery is codified in the law as indecent liberties. According to the laws of Washington;

• A person is guilty of indecent liberties when he or she knowingly causes another person who is not his or her spouse to have sexual contact with him or her or another:
  • By forcible compulsion;
  • When the other person is incapable of consent by reason of being mentally defective, mentally incapacitated, or physically helpless;
  • When the victim is a person with a developmental disability and the perpetrator is a person who is not married to the victim and who:
    • Has supervisory authority over the victim; or
    • Was providing transportation, within the course of his or her employment, to the victim at the time of the offense;
  • When the perpetrator is a health care provider, the victim is a client or patient, and the sexual contact occurs during a treatment session, consultation, interview, or examination.
  • When the victim is a resident of a facility for persons with a mental disorder or chemical dependency and the perpetrator is a person who is not married to the victim and has supervisory authority over the victim; or
  • When the victim is a frail elder or vulnerable adult and the perpetrator is a person who is not married to the victim and who:
    • Has a significant relationship with the victim; or
    • Was providing transportation, within the course of his or her employment, to the victim at the time of the offense.

Penalties for Sexual Battery in Washington

The penalties for sexual battery classified as indecent liberties have the following sentencing guidelines:

• Indecent liberties is a class B felony, maximum penalty 10 years in prison and $20,000 fine
• Indecent liberties by forcible compulsion is a class A felony, maximum penalty of life in prison and $50,000 fine

Defense of a Sexual Battery in Washington

The list of defenses for Sexual battery in Washington here is not exclusive, but are the most common defenses used, which include:

• Consent (Sexual battery of a minor cannot use consent defense, nor can consent be used if the victim lacked the capacity to do)
• Insufficient evidence of incident (lack of physical evidence, lack of eyewitnesses)
• Improper police procedure (illegal questioning, sloppy evidence handling)
• False allegations/credibility issues (“he said, she said”, jilted/angry partner)
• For health care professionals, it is an affirmative defense that the defendant must prove by a preponderance of the evidence that the client or patient consented to the sexual contact with the knowledge that the sexual contact was not for the purpose of treatment;

Attempted Sexual Battery in Washington

Attempted sexual battery occurs when the prosecution can prove that there was an intent by the defendant to place the victim in immediate threat and danger of sexual battery. If the prosecution can show a specific intent to commit a sexual battery, you can be found guilty. Common examples of this would be locking a victim in the bedroom for the purpose of sexual activity or drugging a victim with the intent of sexual contact.

When to Talk to a Lawyer

If you are charged with a sexual battery, it is critical to speak with a lawyer immediately. Getting a lawyer on your case immediately will assure that your rights are protected, that any evidence that can help you is preserved and the police and prosecution follow proper protocol. Sexual battery charges are serious crimes that have life altering consequences, and you should have an experienced criminal defense lawyer who can help your defense.