Second-Degree Rape in Washington State

Second-degree rape is one of the most serious sex crimes in Washington state. With potential prison sentences ranging up to life imprisonment depending on circumstances, mandatory sex offender registration, and the permanent stain of a felony conviction, these allegations demand immediate and serious attention. If you are arrested or learn that you are being investigated for second-degree rape, it is vital to contact a sex crimes defense attorney in Tacoma as soon as possible.

How Does Washington State Law Define Second-Degree Rape?

In Washington, second-degree rape occurs when someone engages in sexual intercourse with another person under specific circumstances. These include using forcible compulsion, when the victim is incapable of consent due to being physically helpless or mentally incapacitated, or when there is a power imbalance between the accused and the victim. 

RCW 9A.44.050. Rape in the second degree.

(1) A person is guilty of rape in the second degree when, under circumstances not constituting rape in the first degree, the person engages in sexual intercourse with another person:

(a) By forcible compulsion;

(b) When the victim is incapable of consent by reason of being physically helpless or mentally incapacitated;

(c) When the victim is a person with a developmental disability and the perpetrator is a person who:

(i) Has supervisory authority over the victim; or

(ii) Was providing transportation, within the course of his or her employment, to the victim at the time of the offense;

(d) When the perpetrator is a health care provider, the victim is a client or patient, and the sexual intercourse occurs during a treatment session, consultation, interview, or examination. 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 intercourse with the knowledge that the sexual intercourse was not for the purpose of treatment;

(e) When the victim is a resident of a facility for persons with a mental disorder or substance use disorder and the perpetrator is a person who has supervisory authority over the victim; or

(f) When the victim is a frail elder or vulnerable adult and the perpetrator is a person who:

(i) Has a significant relationship with the victim; or

(ii) Was providing transportation, within the course of his or her employment, to the victim at the time of the offense.

What Are the Criminal Penalties for Second-Degree Rape?

Second-degree rape is classified as a Class A felony in Washington state. Convicted people face severe consequences, including a maximum sentence of life imprisonment and/or fines of up to $50,000. You will be required to register as a sex offender, potentially for life. 

What Should You Do If You Are Accused of Second-Degree Rape?

If you are accused of second-degree rape, remain calm and exercise your right to stay silent. Do not attempt to explain or defend yourself to investigators without legal representation. Anything you say can be used against you, even seemingly innocent statements.

Avoid any contact with the alleged victim, even if you believe they would support your side of the story. Stay off social media completely; do not post anything about your case, even in private messages or on accounts you believe are secure. These communications can be discovered and used against you.

Most importantly, contact a criminal defense attorney immediately. The earlier an attorney becomes involved, the better they can protect your rights and build an effective defense strategy.

Schedule a Confidential Consultation with The Law Offices of Mark S. Treyz

The stigma and potential consequences of second-degree rape charges can impact every aspect of your life, from your freedom to your reputation and relationships. At The Law Offices of Mark S. Treyz, we have successfully defended clients against serious sexual assault allegations throughout Washington. We can stand by your side and protect your rights every step of the way. Contact us at (253) 272-8666 for the dedicated representation you deserve.