Washington Age of Consent

In Washington, the age of consent is 16 years old meaning only individuals who are 16 or older can legally consent to sexual acts. When sexual conduct involves someone under this age, it may form the basis for a criminal and civil legal action, allowing survivors to pursue legal action against the abuser and, in some cases, responsible institutions for the harm caused by unlawful and non-consensual acts. However, it is important to note that there are exceptions and other variables that can affect these claims.

Often, other states have a “Romeo and Juliet” law exception that allows for sexual relations between two minors who are close in age. However, Washington does not have such laws, and engaging with sexual relations with someone who is under the age of 16 is governed by strict liability. This means the courts do not allow a defense based on consent or intent. Being found guilty of these criminal charges may result in being forced to register as a sex offender, along with any civil lawsuits that survivors may pursue.

Kayla Onder, lead sexual abuse attorney at Kayla's Survivors

Consequences of Engaging in Sexual Activity With a Minor in Washington

Criminal Charges

In Washington, engaging in sexual activity with a minor can result in serious criminal charges under state law, depending on the age of the minor, the age difference, and the nature of the conduct. Potential charges include rape of a child, child molestation, and sexual misconduct with a minor, all of which may be classified as felonies or gross misdemeanors.

Convictions can lead to prison or jail time, substantial fines, and mandatory sex offender registration, which may carry long-term restrictions on housing, employment, and personal freedoms. Consent is not a valid defense when the individual is below the legal age of consent.

  • Rape of a Child in the First Degree: Involves sexual intercourse with a child under 12 when the offender is at least two years older. It is a Class A felony, punishable by up to life in prison and significant fines.
  • Rape of a Child in the Second Degree: Applies to sexual intercourse with a child ages 12 to 13 when the offender is at least three years older. This offense is also a Class A felony with severe prison and fine penalties.
  • Rape of a Child in the Third Degree: Involves sexual intercourse with a child ages 14 to 15 when the offender is at least four years older. It is a Class C felony, punishable by up to five years in prison and fines.

Civil Lawsuits

Beyond criminal prosecution, survivors of sexual abuse involving a minor may pursue civil lawsuits against the offender and, in some cases, against institutions or individuals who enabled or failed to prevent the abuse.

Civil claims allow survivors of sexual abuse and assault to seek compensation for emotional distress, psychological harm, therapy costs, and other damages related to the abuse. Washington law provides extended statute of limitations for survivors, particularly those abused as children, to file civil claims, allowing accountability even years after the abuse occurred.

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Kayla’s Survivors Provides Legal Support to Sexual Abuse & Assault Survivors

At Kayla’s Survivors, our law firm provides legal representation for individuals who have suffered sexual abuse, assault, or misconduct in the state of Washington. Our Seattle law office is located at 450 Alaskan Way S #240. and allows us to conveniently serve survivors throughout the state. We’ve helped our clients recover over $1 billion as a result of settlements and verdicts.

When you’re ready, get started with your claim by calling (206) 888-6409 or request a free case evaluation online from our legal team – 100% confidential and completely free.