First-Degree Rape in Washington State

A first-degree rape charge in Washington State represents one of the most serious criminal allegations a person can face, carrying the weight of decades behind bars, lifetime sex offender registration, and permanent stigma. The moment these charges are filed, you are thrust into a legal battle where your freedom and reputation hang in the balance. Washington law establishes specific circumstances that elevate a rape charge to the first degree, and this distinction can have a major impact on your future.

Here’s how a sex crimes lawyer in Tacoma can help navigate a first-degree rape charge in Washington State. Contact us today for a free consultation to learn more.

How First-Degree Rape Is Defined in Washington

RCW 9A.44.040 defines first-degree rape as sexual intercourse with another person by forcible compulsion under specific aggravating circumstances. These circumstances include: 

• Using or threatening to use a deadly weapon
• Kidnapping the victim
• Inflicting serious physical injury that may render the victim unconscious
• Feloniously entering a building or vehicle where the victim is located

Forcible compulsion means physical force that overcomes resistance or any threat that places a person in fear of death, physical injury, or kidnapping—either to themselves or another person. The legal definition of sexual intercourse includes any penetration of the vagina or anus by an object, as well as oral sexual contact. Courts have established that even a finger qualifies as an object under this statute.

Potential Penalties and Consequences for First-Degree Rape

First-degree rape is classified as a Class A felony in Washington state, carrying some of the harshest penalties. If convicted, you face a minimum of 3 years in prison, but the sentence has the potential to extend to life imprisonment. You may also face fines of up to $50,000.

Beyond incarceration, a conviction requires you to register sex offender, often for life. This registration severely restricts where you can live, work, and travel. You will likely face challenges in finding employment, housing, and maintaining personal relationships. Professional licenses may be revoked, and your ability to participate in certain activities involving minors—even with your own children—could be permanently restricted.

Defending Against First-Degree Rape Charges

If you are charged with first-degree rape, you have the right to defend yourself. A Washington criminal defense lawyer can carefully evaluate every argument, statement, and piece of evidence to craft a robust defense strategy in your favor.

For example, your lawyer might challenge the evidence of forcible compulsion, introducing testimony from witnesses or digital communications that contradict the prosecution’s narrative. They may find evidence that consent existed or argue that the evidence identifying you as the perpetrator is unreliable. Your attorney may also investigate inconsistencies in testimony, review DNA testing procedures for errors, or identify violations of your constitutional rights during the investigation. This thorough approach helps expose weaknesses in the prosecution’s case and creates reasonable doubt.

Protect Your Freedom with The Law Offices of Mark S. Treyz

With the severe penalties and life-altering consequences of first-degree rape allegations, having a criminal defense attorney is critical. The Law Offices of Mark S. Treyz brings decades of experience defending clients against the most serious sexual assault charges in Washington. We provide compassionate yet aggressive representation, thoroughly investigating every aspect of your case to challenge the prosecution’s evidence. Contact us at (253) 272-8666 to discuss your case with an attorney who will fight tirelessly for you.