Washington Rape and Sexual Assault Laws

By Christie Nicholson, J.D. | Legally reviewed by FindLaw Staff | Last reviewed May 29, 2025

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Sexual assault is a catchall phrase lawmakers use when referring to certain sex crimes, such as rape. Washington law defines rape as forcible sexual intercourse without the other person's consent. The force can be physical or emotional and may involve any of the following:

  • Threat
  • Intimidation
  • Pressure
  • Coercion

This article explains Washington’s sexual assault laws, including the penalties and defenses to these sexual offenses.

If you’re facing sexual assault or rape charges, it's a good idea to seek legal advice from an experienced criminal defense attorney. They’ll help you develop your defense strategy and attempt to negotiate with the state prosecutor.

How Does Washington Law Address Unlawful Sexual Contact?

Washington law recognizes three degrees of rape: First-degree rape, second-degree rape, and third-degree rape. Washington criminal law also protects people from "indecent liberties." These laws prohibit the use of physical force to coerce someone to engage in sexual conduct other than sexual intercourse.

The following table highlights the main provisions of Washington’s rape and sexual assault laws. You can find more at FindLaw's articles on rape, statutory rape, and sex offenders and sex offenses. 

Washington Rape and Sexual Assault Laws Code Sections

Chapter 9a.44 RCW, et seq.

Elements of Rape and Other Sexual Offenses Under Washington Law

Rape: First Degree

Forcible sexual intercourse without the victim’s consent, where the perpetrator:

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

Rape: Second Degree

Engaging in forcible sexual misconduct without the victim’s consent, where:

  • The perpetrator uses forcible compulsion
  • The victim is a vulnerable adult incapable of consent because of a physical, mental, or developmental disability

Rape: Third Degree

Engaging in forcible sexual intercourse without the victim’s consent, where:

  • The victim expressed their lack of consent by words or conduct
  • The perpetrator threatens their victim with substantial bodily injury or injury to their property


Indecent Liberties

Engaging in forcible sexual contact without the victim’s consent, where:

  • The perpetrator uses forcible compulsion
  • The victim cannot consent to the sexual abuse because of a physical, mental, or developmental disability

Penalties for Rape and Other Sexual Offenses Under Washington Law
  • Rape, First and Second Degree: Class A felony punishable by up to life in prison and a $50,000 fine
  • Rape, Third Degree: Class C felony, punishable by five years in prison and a $10,000 fine
  • Indecent Liberties: Class A felony

Definition of Sexual Intercourse Under Washington Law

Penetration by a penis, tongue, finger, or an inanimate object.

Definition of Sexual Contact Under Washington Law

This offense involves touching someone's sexual or intimate parts to gratify your sexual desire.

Does Washington Have Mandatory Sex Offender Registration?

People with a sex crime conviction must register with the Sex Offender Registry. Sex offenders who intentionally do not comply with the mandatory registration requirements by failing to register or providing false information face serious consequences, including returning to prison or jail.

Related Resources

With the passage of Washington Senate Bill 5649, the Washington legislature effectively removed the statute of limitations for several forms of sexual assault. If you or someone you know is the victim of sexual assault, contact any of the following resources:

Charged With Violating Washington Rape and Sexual Assault Laws? Get Legal Help

Conviction under Washington’s rape and sexual assault laws could result in years in prison and adding your name to the state sexual offender registry. If you’re facing charges of rape, sexual assault, or any other sex-related crime, contact an experienced sex crime attorney in Washington.

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  • Experienced lawyers can seek to reduce or eliminate criminal penalties
  • Sexual assaults & sex crime convictions often have long sentences and lifelong consequences

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