What is WA’s legal age of consent?
The legal age of consent in Washington is 16 years of age, which means that it is not considered a crime for those 16 and over to engage in sexual intercourse with one another. There are some exceptions however, which can come into play, if the minor is under the age of 18 and is having sexual contact with someone in a position of power over him or her. This would typically be a teacher or some other adult in a position of authority over the child, and even though the consent may be given, the relationship is illegal.
There are further exceptions if the parties are between the ages of eight and fifteen, in which case there is a law stating that a person cannot be convicted of sex with a minor unless the person is at least 36 months older than the victim , and again those exceptions would be relationships where one party is in a position of control or authority over the other.
And even more exceptions arise when a person is in a relationship with someone under the age of 12, thereby making them subject to mandatory reporting. In this case, it does not matter if consent is given, but rather it is simply a crime to have a sexual relationship with someone under the age of 12.
The law goes on to state that there can be no conviction of sexual conduct with a minor if the parties are not more than 5 years apart in age or if they have "discovered" the relationship after it has begun and one party is a minor. In that case they would have three months to break off the relationship or face potential criminal charges.
Age of consent laws over time
For most of the 20th century, Washington State followed a long tradition of protecting sexual acts between adults and young people by criminal prosecution. Like many states, Washington had statutes that qualified a young person as being incapable of giving consent to sexual acts because of their age. Historically, the "age of consent" was set at 10 years old in Washington. That seems shocking to current sensibilities, but was not unusual. 10 years old was a typical age for child marriages and being declared an adult at age 10 was acceptable at this time.
In some states, the age of consent was as low as 7, although this was generally limited to cases with an actual marriage taking place. Sex with animals was also legally authorized with minors at this time. The Traditional Common Law Age of Consent was 12. It was not unheard of for a girl to be married and sexually active by the age of 12.
Social attitudes began to change in the 1960’s, and politicians took action to raise the levels for consent. In 1975, Washington passed a law raising the age of consent to 14. It stayed there for 12 years.
In 1987, the Washington State Legislature raised the Age of Consent once again. They passed a bill that raised the age of consent to 16 years old. At the same time, they passed another bill that they felt would protect teen members of "Romeo" and "Juliet" situations. A "Romeo and Juliet" provision is designed to protect consenting sexual activity between two minors of similar ages, and that falls outside of the statutory definition of an adult and a child. The new law in Washington allowed consensual sexual conduct between adolescents who were at least 14 years old, and within 3 years of age of each other. Here is an example:
Tom is 15. Tina is 16. The two are in a sexual relationship. Tom cannot be charged with a sex crime because he is within the 3 year "Romeo and Juliet" exception.
The "Romeo & Juliet" exception did not include a "peer to peer" defense. In other words, it did not apply to two 14 year olds, or two 15 year olds. So there was no "Romeo and Juliet" exception for individuals under 15.
Despite the raising of the Age of Consent, Washington still had very low Age of Consent laws. Because of the law that required the offense to be reported, and the relatively low levels of prosecution, Washington’s laws remained more relaxed than the rest of the country. This continued to be the case until 2002 when Washington Legislature changed the statute to require a nearly unqualified background check prior to the ability to engage in sexual conduct.
Exceptions and special circumstances
Exceptions to these regulations are with regard to "close in age" exemptions. If you are under the legal age of consent, but close enough to the age of consent (meaning, from 13 to 16), you may be eligible for a "Romeo and Juliet" exception. This happens often when both individuals are close in age and in younger groups, such as 14 and 15. In this situation, the parents may be petitioned to have the charges dropped if both individuals appeal that the parents are in fact aware of the relationship.
The other exception after close in age exemptions is if one individual is in a position of authority over the other, such as a teacher or coach. In this situation, the prosecutor may pursue a misdemeanor or felony against the person in authority, resulting in whatever charge is more severe.
Impact on young people
The legal age of consent is not well understood by young people, which often gets them into trouble. Teenagers and young adults in Washington feel they are being unfairly targeted because the laws are overly rigid. The problem is that many people do not realize the age of consent laws also apply to high school prom nights, summer break parties and other typical social gatherings. If both parties are underage, the law doesn’t see the difference between an intimate encounter and a harmless, innocent party. If one party is of legal age – 16 – it is still considered a crime if the other person is under age 16. Keep in mind, too, that if any sexual activity occurs, both parties can face legal trouble, not just the older individual .
Even consensual relationships between minors can result in criminal charges. If someone displays or distributes images of sexual conduct between minors, they could be charged with child pornography, even if the images were not created with that express intention. This still holds true if the images are benign in nature – enough to face charges. Even if the FBI was first called in to investigate, local law enforcement would take over. Their clients are mostly families who are confused and scared about what is going to happen to their teen. Parents don’t often understand child pornography and are shocked with the criminal consequences that impact kids too.
Consequences of offending WA law
Individuals who engage in sexual activity with someone under the legal age of consent in Washington State may face serious criminal charges. For example, sexual misconduct with a minor under the age of 18 is considered a class B felony and can carry significant legal penalties, including a prison sentence of up to 10 years and registration as a sex offender for life. This type of offense involves situations in which a person over 60 months (or five years) older than the victim has sexual contact with the victim, or if a person under the age of 30 years engages with a minor who has previously been identified as a sexual perpetrator against a minor.
If the sexual offense that has occurred with the minor is classified as a class A felony, the accused individual will be charged with rape, which is a crime considered among the most serious throughout the U.S. The penalties for this offense are severe and life-altering, including a prison stay of anywhere from 5-99 years, lifetime registration as a sex offender, and certification that cannot be removed unless the victim recants their testimony in writing. Other potential legal penalties could be as follows:
The laws in Washington State regarding the legal age of consent are designed to critically protect minors from abusive relationships of a sexual nature. If you or someone you love is facing allegations like these, it is crucial to have supportive and knowledgeable legal counsel on your side.
Further sources of information and assistance
Additional resources to look into for further information on the age of consent laws in Washington state:
Washington State Coalition Against Sexual Assault:
http://www.wsasa.org/
Sexual Assault Resources and Treatment Center:
http://www.westsidehealth.org
Victim’s Services Unit , King County Sheriff’s Department
206-205-7660
Washington Coalition of Sexual Assault Programs:
http://www.wcasp.org/