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Sexual Assault

What is Sexual Assault?

Sexual Assault is defined as engaging or attempting to engage in unwanted sexual activity, which includes rape, attempted rape, sexual abuse and unwanted sexual touching.

Rape is defined as forcible sexual intercourse without the person's consent. Sexual intercourse refers to oral, vaginal or anal penetration by a body part or an object. Washington State Law uses the term rape and divides the law into three degrees listed in the Revised Code of Washington.

Acquaintance rape or date rape is perpetrated by someone who is known to the survivor. The majority of rapes are committed by acquaintances or dating partners. It usually does not involve weapons or extreme physical force. Often date rape involves one person ignoring the other's protest and forcing intercourse without consent.

Victims and Survivors

People who have experienced sexual violence may identify as victims or survivors depending on where they are in the healing process. This term can have negative connotations by misrepresenting someone as passive, defeated and powerless. Because victims of sexual violence exhibit incredible strength, resiliency and ability to heal, we prefer to use the word survivor.

Survivor is a term that represents strength, empowerment, resiliency, healing and growth that each victim experiences in a unique way. We aim to help "victims" make the transition to "survivors" by regaining control of their lives and moving forward with the healing process.

Washington State Laws for Rape

The following are brief summaries of the laws in Washington State. For more complete information see the Revised Code of Washington (RCW) section Title 9A Washington Criminal Code. The law is gender neutral and recognizes that rape occurs between members of the same or opposite sex. The law only recognizes marital rape in the first and second degree.

Rape in the First Degree

The perpetrator engages in forcible sexual intercourse without the victim's consent, where the perpetrator:

Uses or threatens a weapon or
Kidnaps the victim or
Inflicts serious physical injury or
Enters into a building/ car where the victim is located.

Rape in the first degree is a class A felony punishable by up to life in prison and/or a $50,000 fine.

Rape in the Second Degree

The perpetrator engages in forcible sexual intercourse without the victim's consent, where:

Perpetrator uses forcible compulsion;
Victim is incapable of consent because he or she is physically helpless, mentally incapacitated or developmentally disabled.

Rape in the second degree is a class A felony punishable by up to life in prison and/or a $50,000 fine.

Rape in the Third Degree

The perpetrator engages in forcible sexual intercourse without the victim's consent, where:

Victim's lack of consent was expressed by words or conduct or
Perpetrator threatens substantial harm to victim's property.

Rape in the third degree is a class C felony punishable by up to 5 years in prison and/or a $10,000 fine.

Indecent Liberties

The perpetrator engages in forcible sexual contact without the victim's consent, where:

Perpetrator uses forcible compulsion;
Victim is incapable of consent because he or she is physically helpless, mentally incapacitated or developmentally disabled.

This is similar to rape in the second degree but refers to sexual contact that excludes sexual intercourse. Indecent liberties is a class A felony.